88R7422 AMF-D
By: Landgraf H.B. No. 1800
A BILL TO BE ENTITLED
AN ACT
relating to standing in a suit affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.003, Family Code, is amended to read
as follows:
Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An
original suit may be filed at any time by:
(1) a parent of the child;
(2) the child through a representative authorized by
the court;
(3) a custodian or person having the right of
visitation with or access to the child appointed by an order of a
court of another state or country;
(4) a guardian of the person or of the estate of the
child;
(5) a governmental entity;
(6) the Department of Family and Protective Services;
(7) a licensed child placing agency;
(8) a man alleging himself to be the father of a child
filing in accordance with Chapter 160, subject to the limitations
of that chapter, but not otherwise;
(9) a person[, other than a foster parent,] who has had
actual care, control, and possession of the child for at least six
months ending not more than 90 days preceding the date of the filing
of the petition;
(10) a person designated as the managing conservator
in a revoked or unrevoked affidavit of relinquishment under Chapter
161 or to whom consent to adoption has been given in writing under
Chapter 162;
(11) a person with whom the child and the child's
guardian, managing conservator, or parent have resided for at least
six months ending not more than 90 days preceding the date of the
filing of the petition if the child's guardian, managing
conservator, or parent is deceased at the time of the filing of the
petition;
(12) [a person who is the foster parent of a child
placed by the Department of Family and Protective Services in the
person's home for at least 12 months ending not more than 90 days
preceding the date of the filing of the petition;
[(13)] a person who is a relative of the child within
the third degree by consanguinity, as determined by Chapter 573,
Government Code, if the child's parents are deceased at the time of
the filing of the petition;
(13) [(14)] a person who has been named as a
prospective adoptive parent of a child by a pregnant woman or the
parent of the child, in a verified written statement to confer
standing executed under Section 102.0035, regardless of whether the
child has been born; or
(14) [(15)] subject to Subsection (d), a person who is
an intended parent of a child or unborn child under a gestational
agreement that complies with the requirements of Section 160.754.
(b) In computing the time necessary for standing under
Subsections (a)(9) and [,] (11)[, and (12)], the court may not
require that the time be continuous and uninterrupted but shall
consider the child's principal residence during the relevant time
preceding the date of commencement of the suit.
(c) Notwithstanding the time requirements of Subsection
(a)(9) [(a)(12)], a person who is the foster parent of a child may
file a suit to adopt a child for whom the person is providing foster
care at any time after the person has been approved to adopt the
child. The standing to file suit under this subsection applies only
to the adoption of a child who is eligible to be adopted.
(d) A person described by Subsection (a)(14) [(a)(15)] has
standing to file an original suit only if:
(1) the person is filing an original suit jointly with
the other intended parent under the gestational agreement; or
(2) the person is filing an original suit against the
other intended parent under the gestational agreement.
SECTION 2. Sections 102.0035(a) and (e), Family Code, are
amended to read as follows:
(a) A pregnant woman or a parent of a child may execute a
statement to confer standing to a prospective adoptive parent as
provided by this section to assert standing under Section
102.003(a)(13) [102.003(a)(14)]. A statement to confer standing
under this section may not be executed in a suit brought by a
governmental entity under Chapter 262 or 263.
(e) A statement to confer standing is not required in a suit
brought by a person who has standing to file a suit affecting the
parent-child relationship under Sections 102.003(a)(1)-(12)
[102.003(a)(1)-(13)] or any other law under which the person has
standing to file a suit.
SECTION 3. Section 102.004(b-1), Family Code, is amended to
read as follows:
(b-1) A foster parent may only be granted leave to intervene
under Subsection (b) if the foster parent would have standing to
file an original suit as provided by Section 102.003(a)(9)
[102.003(a)(12)].
SECTION 4. The change in law made by this Act applies to a
suit affecting the parent-child relationship that is filed on or
after the effective date of this Act. A suit affecting the
parent-child relationship filed before the effective date of this
Act is governed by the law in effect on the date the suit was filed,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.