Texas 2023 - 88th Regular

Texas House Bill HB1800 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7422 AMF-D
2	2	By: Landgraf H.B. No. 1800
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,] who has had
29	29	actual care, control, and possession of the child for at least six
30	30	months ending not more than 90 days preceding the date of the filing
31	31	of the petition;
32	32	(10) a person designated as the managing conservator
33	33	in a revoked or unrevoked affidavit of relinquishment under Chapter
34	34	161 or to whom consent to adoption has been given in writing under
35	35	Chapter 162;
36	36	(11) a person with whom the child and the child's
37	37	guardian, managing conservator, or parent have resided for at least
38	38	six months ending not more than 90 days preceding the date of the
39	39	filing of the petition if the child's guardian, managing
40	40	conservator, or parent is deceased at the time of the filing of the
41	41	petition;
42	42	(12) [a person who is the foster parent of a child
43	43	placed by the Department of Family and Protective Services in the
44	44	person's home for at least 12 months ending not more than 90 days
45	45	preceding the date of the filing of the petition;
46	46	[(13)] a person who is a relative of the child within
47	47	the third degree by consanguinity, as determined by Chapter 573,
48	48	Government Code, if the child's parents are deceased at the time of
49	49	the filing of the petition;
50	50	(13) [(14)] a person who has been named as a
51	51	prospective adoptive parent of a child by a pregnant woman or the
52	52	parent of the child, in a verified written statement to confer
53	53	standing executed under Section 102.0035, regardless of whether the
54	54	child has been born; or
55	55	(14) [(15)] subject to Subsection (d), a person who is
56	56	an intended parent of a child or unborn child under a gestational
57	57	agreement that complies with the requirements of Section 160.754.
58	58	(b) In computing the time necessary for standing under
59	59	Subsections (a)(9) and [,] (11)[, and (12)], the court may not
60	60	require that the time be continuous and uninterrupted but shall
61	61	consider the child's principal residence during the relevant time
62	62	preceding the date of commencement of the suit.
63	63	(c) Notwithstanding the time requirements of Subsection
64	64	(a)(9) [(a)(12)], a person who is the foster parent of a child may
65	65	file a suit to adopt a child for whom the person is providing foster
66	66	care at any time after the person has been approved to adopt the
67	67	child. The standing to file suit under this subsection applies only
68	68	to the adoption of a child who is eligible to be adopted.
69	69	(d) A person described by Subsection (a)(14) [(a)(15)] has
70	70	standing to file an original suit only if:
71	71	(1) the person is filing an original suit jointly with
72	72	the other intended parent under the gestational agreement; or
73	73	(2) the person is filing an original suit against the
74	74	other intended parent under the gestational agreement.
75	75	SECTION 2. Sections 102.0035(a) and (e), Family Code, are
76	76	amended to read as follows:
77	77	(a) A pregnant woman or a parent of a child may execute a
78	78	statement to confer standing to a prospective adoptive parent as
79	79	provided by this section to assert standing under Section
80	80	102.003(a)(13) [102.003(a)(14)]. A statement to confer standing
81	81	under this section may not be executed in a suit brought by a
82	82	governmental entity under Chapter 262 or 263.
83	83	(e) A statement to confer standing is not required in a suit
84	84	brought by a person who has standing to file a suit affecting the
85	85	parent-child relationship under Sections 102.003(a)(1)-(12)
86	86	[102.003(a)(1)-(13)] or any other law under which the person has
87	87	standing to file a suit.
88	88	SECTION 3. Section 102.004(b-1), Family Code, is amended to
89	89	read as follows:
90	90	(b-1) A foster parent may only be granted leave to intervene
91	91	under Subsection (b) if the foster parent would have standing to
92	92	file an original suit as provided by Section 102.003(a)(9)
93	93	[102.003(a)(12)].
94	94	SECTION 4. The change in law made by this Act applies to a
95	95	suit affecting the parent-child relationship that is filed on or
96	96	after the effective date of this Act. A suit affecting the
97	97	parent-child relationship filed before the effective date of this
98	98	Act is governed by the law in effect on the date the suit was filed,
99	99	and the former law is continued in effect for that purpose.
100	100	SECTION 5. This Act takes effect September 1, 2023.