Texas 2023 - 88th Regular

Texas House Bill HB3754 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22116 MLH-D
2	2	By: Talarico H.B. No. 3754
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a suit for dissolution of a marriage and associated suit
8	8	affecting the parent-child relationship when a party is pregnant.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 6.406, Family Code, is amended by adding
11	11	Subsection (c) to read as follows:
12	12	(c) If a party to a suit for dissolution of a marriage
13	13	discloses to the court that a party is pregnant, the suit must
14	14	include a suit affecting the parent-child relationship regarding
15	15	the unborn child under Title 5.
16	16	SECTION 2. Subchapter H, Chapter 6, Family Code, is amended
17	17	by adding Section 6.713 to read as follows:
18	18	Sec. 6.713. FINAL DECREE WHEN PARTY IS PREGNANT; SEVERING
19	19	OF RELATED MATTERS. (a) A court may not deny or delay rendering a
20	20	decree of dissolution of marriage solely because a party to the suit
21	21	is pregnant.
22	22	(b) If a party to the suit is known by the court to be
23	23	pregnant, the court may, on a showing of good cause, sever:
24	24	(1) a suit affecting the parent-child relationship
25	25	joined under Section 6.406; or
26	26	(2) a claim or other matter related to division of the
27	27	marital estate.
28	28	(c) If a court severs a suit, claim, or other matter under
29	29	Subsection (b), the court:
30	30	(1) shall render, as applicable, orders for injunctive
31	31	or other relief the court considers necessary to protect, until
32	32	final adjudication of the matter severed:
33	33	(A) the parties to the suit for dissolution of
34	34	the marriage;
35	35	(B) a child or unborn child subject to a suit
36	36	affecting the parent-child relationship that has been severed; and
37	37	(C) the marital estate;
38	38	(2) may not waive or consider waived any unadjudicated
39	39	claim:
40	40	(A) pending at the time the matter is severed; or
41	41	(B) that may arise after the court renders a
42	42	decree for dissolution of the marriage; and
43	43	(3) may not require any additional fees in relation to
44	44	the matter severed.
45	45	(d) A decree of dissolution of marriage rendered while a
46	46	party to the suit is pregnant does not affect proceedings in a suit
47	47	affecting the parent-child relationship regarding the unborn
48	48	child.
49	49	SECTION 3. Section 102.003(a), Family Code, is amended to
50	50	read as follows:
51	51	(a) An original suit may be filed at any time by:
52	52	(1) a parent of the child;
53	53	(2) the child through a representative authorized by
54	54	the court;
55	55	(3) a custodian or person having the right of
56	56	visitation with or access to the child appointed by an order of a
57	57	court of another state or country;
58	58	(4) a guardian of the person or of the estate of the
59	59	child;
60	60	(5) a governmental entity;
61	61	(6) the Department of Family and Protective Services;
62	62	(7) a licensed child placing agency;
63	63	(8) a man alleging himself to be the father of a child
64	64	filing in accordance with Chapter 160, subject to the limitations
65	65	of that chapter, but not otherwise;
66	66	(9) a person, other than a foster parent, who has had
67	67	actual care, control, and possession of the child for at least six
68	68	months ending not more than 90 days preceding the date of the filing
69	69	of the petition;
70	70	(10) a person designated as the managing conservator
71	71	in a revoked or unrevoked affidavit of relinquishment under Chapter
72	72	161 or to whom consent to adoption has been given in writing under
73	73	Chapter 162;
74	74	(11) a person with whom the child and the child's
75	75	guardian, managing conservator, or parent have resided for at least
76	76	six months ending not more than 90 days preceding the date of the
77	77	filing of the petition if the child's guardian, managing
78	78	conservator, or parent is deceased at the time of the filing of the
79	79	petition;
80	80	(12) a person who is the foster parent of a child
81	81	placed by the Department of Family and Protective Services in the
82	82	person's home for at least 12 months ending not more than 90 days
83	83	preceding the date of the filing of the petition;
84	84	(13) a person who is a relative of the child within the
85	85	third degree by consanguinity, as determined by Chapter 573,
86	86	Government Code, if the child's parents are deceased at the time of
87	87	the filing of the petition;
88	88	(14) a person who has been named as a prospective
89	89	adoptive parent of a child by a pregnant woman or the parent of the
90	90	child, in a verified written statement to confer standing executed
91	91	under Section 102.0035, regardless of whether the child has been
92	92	born; [or]
93	93	(15) subject to Subsection (d), a person who is an
94	94	intended parent of a child or unborn child under a gestational
95	95	agreement that complies with the requirements of Section 160.754;
96	96	or
97	97	(16) a person who is a party to a suit for dissolution
98	98	of marriage under Chapter 6 in which one of the parties to the suit
99	99	is pregnant.
100	100	SECTION 4. Section 102.008, Family Code, is amended by
101	101	amending Subsection (b) and adding Subsection (b-1) to read as
102	102	follows:
103	103	(b) The petition must include:
104	104	(1) a statement that:
105	105	(A) the court in which the petition is filed has
106	106	continuing, exclusive jurisdiction or that no court has continuing
107	107	jurisdiction of the suit; or
108	108	(B) in a suit in which adoption of a child is
109	109	requested, the court in which the petition is filed has
110	110	jurisdiction of the suit under Section 103.001(b);
111	111	(2) the name and date of birth of the child, except
112	112	that:
113	113	(A) if adoption of a child is requested, the name
114	114	of the child may be omitted; and
115	115	(B) if the suit is filed under Section
116	116	102.003(a)(16), the petition must state that the child has not been
117	117	born and the expected date of birth of the child;
118	118	(3) the full name of the petitioner and the
119	119	petitioner's relationship to the child or the fact that no
120	120	relationship exists;
121	121	(4) the names of the parents, except in a suit in which
122	122	adoption is requested;
123	123	(5) the name of the managing conservator, if any, or
124	124	the child's custodian, if any, appointed by order of a court of
125	125	another state or country;
126	126	(6) the names of the guardians of the person and estate
127	127	of the child, if any;
128	128	(7) the names of possessory conservators or other
129	129	persons, if any, having possession of or access to the child under
130	130	an order of the court;
131	131	(8) the name of an alleged father of the child or a
132	132	statement that the identity of the father of the child is unknown;
133	133	(9) a full description and statement of value of all
134	134	property owned or possessed by the child;
135	135	(10) a statement describing what action the court is
136	136	requested to take concerning the child and the statutory grounds on
137	137	which the request is made;
138	138	(11) a statement as to whether, in regard to a party to
139	139	the suit or a child of a party to the suit:
140	140	(A) there is in effect:
141	141	(i) a protective order under Title 4;
142	142	(ii) a protective order under Subchapter A,
143	143	Chapter 7B, Code of Criminal Procedure; or
144	144	(iii) an order for emergency protection
145	145	under Article 17.292, Code of Criminal Procedure; or
146	146	(B) an application for an order described by
147	147	Paragraph (A) is pending; and
148	148	(12) any other information required by this title.
149	149	(b-1) A petition to which Subsection (b)(2)(B) applies must
150	150	be amended as soon as practicable after the date of the child's
151	151	birth to state the name and date of birth of the child.
152	152	SECTION 5. The changes in law made by this Act apply to a
153	153	suit for dissolution of a marriage or a suit affecting the
154	154	parent-child relationship that is filed on or after the effective
155	155	date of this Act. A suit for dissolution of a marriage or a suit
156	156	affecting the parent-child relationship filed before the effective
157	157	date of this Act is governed by the law in effect on the date the
158	158	suit was filed, and the former law is continued in effect for that
159	159	purpose.
160	160	SECTION 6. This Act takes effect September 1, 2023.