Texas 2019 - 86th Regular

Texas House Bill HB1689 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1689
	1	+	By: Deshotel (Senate Sponsor - Miles) H.B. No. 1689
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on State
	4	+	Affairs; April 29, 2019, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; April 29, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to disclosure regarding the existence of a gestational
6	12		agreement in a suit for the dissolution of a marriage and standing
7	13		of an intended parent under a gestational agreement to file a suit
8	14		affecting the parent-child relationship.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Section 6.406, Family Code, is amended by adding
11	17		Subsection (a-1) to read as follows:
12	18		(a-1) If the parties to a suit for dissolution of a marriage
13	19		are the intended parents under a gestational agreement that is in
14	20		effect and that establishes a parent-child relationship between the
15	21		parties as intended parents and an unborn child on the birth of the
16	22		child, the petition in the suit for dissolution of a marriage shall
17	23		state:
18	24		(1) that the parties to the marriage have entered into
19	25		a gestational agreement establishing a parent-child relationship
20	26		between the parties as intended parents and an unborn child on the
21	27		birth of the child;
22	28		(2) whether the gestational mother under the agreement
23	29		is pregnant or a child who is the subject of the agreement has been
24	30		born; and
25	31		(3) whether the agreement has been validated under
26	32		Section 160.756.
27	33		SECTION 2. Section 102.003, Family Code, is amended by
28	34		amending Subsection (a) and adding Subsection (d) to read as
29	35		follows:
30	36		(a) An original suit may be filed at any time by:
31	37		(1) a parent of the child;
32	38		(2) the child through a representative authorized by
33	39		the court;
34	40		(3) a custodian or person having the right of
35	41		visitation with or access to the child appointed by an order of a
36	42		court of another state or country;
37	43		(4) a guardian of the person or of the estate of the
38	44		child;
39	45		(5) a governmental entity;
40	46		(6) the Department of Family and Protective Services;
41	47		(7) a licensed child placing agency;
42	48		(8) a man alleging himself to be the father of a child
43	49		filing in accordance with Chapter 160, subject to the limitations
44	50		of that chapter, but not otherwise;
45	51		(9) a person, other than a foster parent, who has had
46	52		actual care, control, and possession of the child for at least six
47	53		months ending not more than 90 days preceding the date of the filing
48	54		of the petition;
49	55		(10) a person designated as the managing conservator
50	56		in a revoked or unrevoked affidavit of relinquishment under Chapter
51	57		161 or to whom consent to adoption has been given in writing under
52	58		Chapter 162;
53	59		(11) a person with whom the child and the child's
54	60		guardian, managing conservator, or parent have resided for at least
55	61		six months ending not more than 90 days preceding the date of the
56	62		filing of the petition if the child's guardian, managing
57	63		conservator, or parent is deceased at the time of the filing of the
58	64		petition;
59	65		(12) a person who is the foster parent of a child
60	66		placed by the Department of Family and Protective Services in the
61	67		person's home for at least 12 months ending not more than 90 days
62	68		preceding the date of the filing of the petition;
63	69		(13) a person who is a relative of the child within the
64	70		third degree by consanguinity, as determined by Chapter 573,
65	71		Government Code, if the child's parents are deceased at the time of
66	72		the filing of the petition; [or]
67	73		(14) a person who has been named as a prospective
68	74		adoptive parent of a child by a pregnant woman or the parent of the
69	75		child, in a verified written statement to confer standing executed
70	76		under Section 102.0035, regardless of whether the child has been
71	77		born; or
72	78		(15) subject to Subsection (d), a person who is an
73	79		intended parent of a child or unborn child under a gestational
74		-	agreement that complies with the requirements of Section 160.754.
	80	+	agreement that substantially complies with the requirements of
	81	+	Section 160.754.
75	82		(d) A person described by Subsection (a)(15) has standing to
76	83		file an original suit only if:
77	84		(1) the person is filing an original suit jointly with
78	85		the other intended parent under the gestational agreement; or
79	86		(2) the person is filing an original suit against the
80	87		other intended parent under the gestational agreement.
81	88		SECTION 3. Section 6.406, Family Code, as amended by this
82	89		Act, applies only to a petition for dissolution of a marriage that
83	90		is filed on or after the effective date of this Act. A petition for
84	91		dissolution of a marriage that is filed before the effective date of
85	92		this Act is governed by the law in effect on the date the petition is
86	93		filed, and the former law is continued in effect for that purpose.
87	94		SECTION 4. This Act takes effect September 1, 2019.
88		-	______________________________ ______________________________
89		-	President of the Senate Speaker of the House
90		-	I certify that H.B. No. 1689 was passed by the House on April
91		-	9, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
92		-	voting; and that the House concurred in Senate amendments to H.B.
93		-	No. 1689 on May 13, 2019, by the following vote: Yeas 140, Nays 0,
94		-	1 present, not voting.
95		-	______________________________
96		-	Chief Clerk of the House
97		-	I certify that H.B. No. 1689 was passed by the Senate, with
98		-	amendments, on May 2, 2019, by the following vote: Yeas 31, Nays 0.
99		-	______________________________
100		-	Secretary of the Senate
101		-	APPROVED: __________________
102		-	Date
103		-	__________________
104		-	Governor
	95	+	* * * * *