Texas 2021 - 87th Regular

Texas House Bill HB2634 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9248 MLH-F
2	2	By: Dutton H.B. No. 2634
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to standing in a suit affecting the parent-child
8	8	relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 102.003, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An
13	13	original suit may be filed at any time by:
14	14	(1) a parent of the child;
15	15	(2) the child through a representative authorized by
16	16	the court;
17	17	(3) a custodian or person having the right of
18	18	visitation with or access to the child appointed by an order of a
19	19	court of another state or country;
20	20	(4) a guardian of the person or of the estate of the
21	21	child;
22	22	(5) a governmental entity;
23	23	(6) the Department of Family and Protective Services;
24	24	(7) a licensed child placing agency;
25	25	(8) a man alleging himself to be the father of a child
26	26	filing in accordance with Chapter 160, subject to the limitations
27	27	of that chapter, but not otherwise;
28	28	(9) a person, other than a foster parent, relative, or
29	29	designated caregiver of a child placed by the Department of Family
30	30	and Protective Services, who has had actual care, control, and
31	31	possession of the child for at least six months ending not more than
32	32	90 days preceding the date of the filing of the petition;
33	33	(10) a person designated as the managing conservator
34	34	in a revoked or unrevoked affidavit of relinquishment under Chapter
35	35	161 or to whom consent to adoption has been given in writing under
36	36	Chapter 162;
37	37	(11) [a person with whom the child and the child's
38	38	guardian, managing conservator, or parent have resided for at least
39	39	six months ending not more than 90 days preceding the date of the
40	40	filing of the petition if the child's guardian, managing
41	41	conservator, or parent is deceased at the time of the filing of the
42	42	petition;
43	43	[(12)] a person who is the foster parent, relative, or
44	44	designated caregiver of a child placed by the Department of Family
45	45	and Protective Services in the person's home for at least 12 months
46	46	ending not more than 90 days preceding the date of the filing of the
47	47	petition, unless:
48	48	(A) the child has been returned to the parent
49	49	under Section 263.403; or
50	50	(B) the child has been placed with a parent and
51	51	the suit by the Department of Family and Protective Services has
52	52	been dismissed under Section 263.401;
53	53	(12) [(13)] a person who is a relative of the child
54	54	within the fourth [third] degree by consanguinity, as determined by
55	55	Chapter 573, Government Code, if the child's parents are deceased
56	56	at the time of the filing of the petition;
57	57	(13) [(14)] a person who has been named as a
58	58	prospective adoptive parent of a child by a pregnant woman or the
59	59	parent of the child, in a verified written statement to confer
60	60	standing executed under Section 102.0035, regardless of whether the
61	61	child has been born; or
62	62	(14) [(15)] subject to Subsection (d), a person who is
63	63	an intended parent of a child or unborn child under a gestational
64	64	agreement that complies with the requirements of Section 160.754.
65	65	(b) In computing the time necessary for standing under
66	66	Subsections (a)(9) and [,] (11), [and (12),] the court may not
67	67	require that the time be continuous and uninterrupted but shall
68	68	consider the child's principal residence during the relevant time
69	69	preceding the date of commencement of the suit.
70	70	(c) Notwithstanding the time requirements of Subsection
71	71	(a)(11) [(a)(12)], a person who is the foster parent of a child may
72	72	file a suit to adopt a child for whom the person is providing foster
73	73	care at any time after the person has been approved to adopt the
74	74	child. The standing to file suit under this subsection applies only
75	75	to the adoption of a child who is eligible to be adopted.
76	76	(d) A person described by Subsection (a)(14) [(a)(15)] has
77	77	standing to file an original suit only if:
78	78	(1) the person is filing an original suit jointly with
79	79	the other intended parent under the gestational agreement; or
80	80	(2) the person is filing an original suit against the
81	81	other intended parent under the gestational agreement.
82	82	SECTION 2. Sections 102.0035(a) and (e), Family Code, are
83	83	amended to read as follows:
84	84	(a) A pregnant woman or a parent of a child may execute a
85	85	statement to confer standing to a prospective adoptive parent as
86	86	provided by this section to assert standing under Section
87	87	102.003(a)(13) [102.003(a)(14)]. A statement to confer standing
88	88	under this section may not be executed in a suit brought by a
89	89	governmental entity under Chapter 262 or 263.
90	90	(e) A statement to confer standing is not required in a suit
91	91	brought by a person who has standing to file a suit affecting the
92	92	parent-child relationship under Sections 102.003(a)(1)-(12) and
93	93	(14) [102.003(a)(1)-(13)] or any other law under which the person
94	94	has standing to file a suit.
95	95	SECTION 3. The heading to Section 102.004, Family Code, is
96	96	amended to read as follows:
97	97	Sec. 102.004. STANDING FOR CERTAIN RELATIVES AND
98	98	[GRANDPARENT OR] OTHER PERSONS [PERSON].
99	99	SECTION 4. Section 102.004, Family Code, is amended by
100	100	amending Subsections (a), (b), and (b-1) and adding Subsections
101	101	(b-2) and (b-3) to read as follows:
102	102	(a) In addition to the general standing to file suit
103	103	provided by Section 102.003, a grandparent, or another relative of
104	104	the child related within the fourth [third] degree by
105	105	consanguinity, may file an original suit requesting managing
106	106	conservatorship if there is satisfactory proof to the court that:
107	107	(1) the order requested is necessary because the
108	108	child's present circumstances would significantly impair the
109	109	child's physical health or emotional development; or
110	110	(2) both parents, the surviving parent, or the
111	111	managing conservator or custodian either filed the petition or
112	112	consented to the suit.
113	113	(b) An original suit requesting possessory conservatorship
114	114	may not be filed by a grandparent or other relative or person.
115	115	However, [the court may grant] a grandparent or other relative or
116	116	person may intervene in a pending suit under Subsection (b-1) or
117	117	(b-2), as applicable.
118	118	(b-1) A grandparent or other relative of the child within
119	119	the fourth degree of consanguinity may intervene in a pending suit
120	120	filed by a person authorized to do so under this chapter if there is
121	121	satisfactory proof to the court that appointment of a parent as a
122	122	sole managing conservator or both parents as joint managing
123	123	conservators would significantly impair the child's physical
124	124	health or emotional development.
125	125	(b-2) The court may grant a person, other than a grandparent
126	126	or other relative of the child within the fourth degree of
127	127	consanguinity, subject to the requirements of Subsection (b-3)
128	128	[(b-1)] if applicable, deemed by the court to have had substantial
129	129	past contact with the child leave to intervene in a pending suit
130	130	filed by a person authorized to do so under this chapter if there is
131	131	satisfactory proof to the court that appointment of a parent as a
132	132	sole managing conservator or both parents as joint managing
133	133	conservators would significantly impair the child's physical
134	134	health or emotional development. The court may not grant the
135	135	Department of Family and Protective Services leave to intervene
136	136	under this subsection unless each parent consents to the
137	137	intervention.
138	138	(b-3) [(b-1)] A foster parent may only be granted leave to
139	139	intervene under Subsection (b-2) [(b)] if the foster parent would
140	140	have standing to file an original suit as provided by Section
141	141	102.003(a)(11) [102.003(a)(12)].
142	142	SECTION 5. Section 102.005, Family Code, is amended to read
143	143	as follows:
144	144	Sec. 102.005. STANDING TO REQUEST TERMINATION AND ADOPTION.
145	145	An original suit requesting only an adoption or for termination of
146	146	the parent-child relationship joined with a petition for adoption
147	147	may be filed by:
148	148	(1) a stepparent of the child;
149	149	(2) an adult who, as the result of a placement for
150	150	adoption, has had actual possession and control of the child at any
151	151	time during the 30-day period preceding the filing of the petition;
152	152	or
153	153	(3) [an adult who has had actual possession and
154	154	control of the child for not less than two months during the
155	155	three-month period preceding the filing of the petition;
156	156	[(4)] an adult who has adopted, or is the foster parent
157	157	of and has petitioned to adopt, a sibling of the child[; or
158	158	[(5) another adult whom the court determines to have had
159	159	substantial past contact with the child sufficient to warrant
160	160	standing to do so].
161	161	SECTION 6. Section 102.006(c), Family Code, is amended to
162	162	read as follows:
163	163	(c) The limitations on filing suit imposed by this section
164	164	do not apply to a relative within the third degree of consanguinity
165	165	of a former parent whose parent-child relationship with the child
166	166	has been terminated by court order [an adult sibling of the child, a
167	167	grandparent of the child, an aunt who is a sister of a parent of the
168	168	child, or an uncle who is a brother of a parent of the child] if the
169	169	relative [adult sibling, grandparent, aunt, or uncle] files an
170	170	original suit or a suit for modification requesting managing
171	171	conservatorship of the child not later than the 90th day after the
172	172	date the parent-child relationship between the child and the parent
173	173	is terminated in a suit filed by the Department of Family and
174	174	Protective Services requesting the termination of the parent-child
175	175	relationship.
176	176	SECTION 7. The changes in law made by this Act apply only to
177	177	a suit affecting the parent-child relationship filed on or after
178	178	the effective date of this Act. A suit affecting the parent-child
179	179	relationship filed before that date is governed by the law in effect
180	180	on the date the suit was filed, and that law is continued in effect
181	181	for that purpose.
182	182	SECTION 8. This Act takes effect September 1, 2021.