Texas 2023 - 88th Regular

Texas Senate Bill SB80 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R800 MLH-D
2	2	By: Johnson S.B. No. 80
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a suit for dissolution of 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 is
13	13	pregnant:
14	14	(1) the petition in the suit must state:
15	15	(A) that the party is pregnant; and
16	16	(B) whether either party intends to contest the
17	17	unborn child's paternity;
18	18	(2) the suit must include a suit affecting the
19	19	parent-child relationship regarding the unborn child under Title 5;
20	20	and
21	21	(3) the court shall defer adjudicating issues relating
22	22	to the suit affecting the parent-child relationship regarding the
23	23	unborn child until after the date of the child's birth.
24	24	SECTION 2. Subchapter H, Chapter 6, Family Code, is amended
25	25	by adding Section 6.713 to read as follows:
26	26	Sec. 6.713. FINAL DECREE WHEN PARTY IS PREGNANT. (a) A
27	27	court may not deny or delay rendering a decree of dissolution of
28	28	marriage solely because a party to the suit is pregnant.
29	29	(b) A decree of dissolution of marriage rendered while a
30	30	party to the suit is pregnant does not affect proceedings in a suit
31	31	affecting the parent-child relationship regarding the unborn
32	32	child.
33	33	SECTION 3. Section 102.003(a), Family Code, is amended to
34	34	read as follows:
35	35	(a) An original suit may be filed at any time by:
36	36	(1) a parent of the child;
37	37	(2) the child through a representative authorized by
38	38	the court;
39	39	(3) a custodian or person having the right of
40	40	visitation with or access to the child appointed by an order of a
41	41	court of another state or country;
42	42	(4) a guardian of the person or of the estate of the
43	43	child;
44	44	(5) a governmental entity;
45	45	(6) the Department of Family and Protective Services;
46	46	(7) a licensed child placing agency;
47	47	(8) a man alleging himself to be the father of a child
48	48	filing in accordance with Chapter 160, subject to the limitations
49	49	of that chapter, but not otherwise;
50	50	(9) a person, other than a foster parent, who has had
51	51	actual care, control, and possession of the child for at least six
52	52	months ending not more than 90 days preceding the date of the filing
53	53	of the petition;
54	54	(10) a person designated as the managing conservator
55	55	in a revoked or unrevoked affidavit of relinquishment under Chapter
56	56	161 or to whom consent to adoption has been given in writing under
57	57	Chapter 162;
58	58	(11) a person with whom the child and the child's
59	59	guardian, managing conservator, or parent have resided for at least
60	60	six months ending not more than 90 days preceding the date of the
61	61	filing of the petition if the child's guardian, managing
62	62	conservator, or parent is deceased at the time of the filing of the
63	63	petition;
64	64	(12) a person who is the foster parent of a child
65	65	placed by the Department of Family and Protective Services in the
66	66	person's home for at least 12 months ending not more than 90 days
67	67	preceding the date of the filing of the petition;
68	68	(13) a person who is a relative of the child within the
69	69	third degree by consanguinity, as determined by Chapter 573,
70	70	Government Code, if the child's parents are deceased at the time of
71	71	the filing of the petition;
72	72	(14) a person who has been named as a prospective
73	73	adoptive parent of a child by a pregnant woman or the parent of the
74	74	child, in a verified written statement to confer standing executed
75	75	under Section 102.0035, regardless of whether the child has been
76	76	born; [or]
77	77	(15) subject to Subsection (d), a person who is an
78	78	intended parent of a child or unborn child under a gestational
79	79	agreement that complies with the requirements of Section 160.754;
80	80	or
81	81	(16) a person who is a party to a suit for dissolution
82	82	of marriage under Chapter 6 in which one of the parties to the suit
83	83	is pregnant.
84	84	SECTION 4. Section 102.008, Family Code, is amended by
85	85	amending Subsection (b) and adding Subsection (b-1) to read as
86	86	follows:
87	87	(b) The petition must include:
88	88	(1) a statement that:
89	89	(A) the court in which the petition is filed has
90	90	continuing, exclusive jurisdiction or that no court has continuing
91	91	jurisdiction of the suit; or
92	92	(B) in a suit in which adoption of a child is
93	93	requested, the court in which the petition is filed has
94	94	jurisdiction of the suit under Section 103.001(b);
95	95	(2) the name and date of birth of the child, except
96	96	that:
97	97	(A) if adoption of a child is requested, the name
98	98	of the child may be omitted; and
99	99	(B) if the suit is filed under Section
100	100	102.003(a)(16), the petition must state that the child has not been
101	101	born and the expected date of birth of the child;
102	102	(3) the full name of the petitioner and the
103	103	petitioner's relationship to the child or the fact that no
104	104	relationship exists;
105	105	(4) the names of the parents, except in a suit in which
106	106	adoption is requested;
107	107	(5) the name of the managing conservator, if any, or
108	108	the child's custodian, if any, appointed by order of a court of
109	109	another state or country;
110	110	(6) the names of the guardians of the person and estate
111	111	of the child, if any;
112	112	(7) the names of possessory conservators or other
113	113	persons, if any, having possession of or access to the child under
114	114	an order of the court;
115	115	(8) the name of an alleged father of the child or a
116	116	statement that the identity of the father of the child is unknown;
117	117	(9) a full description and statement of value of all
118	118	property owned or possessed by the child;
119	119	(10) a statement describing what action the court is
120	120	requested to take concerning the child and the statutory grounds on
121	121	which the request is made;
122	122	(11) a statement as to whether, in regard to a party to
123	123	the suit or a child of a party to the suit:
124	124	(A) there is in effect:
125	125	(i) a protective order under Title 4;
126	126	(ii) a protective order under Subchapter A,
127	127	Chapter 7B, Code of Criminal Procedure; or
128	128	(iii) an order for emergency protection
129	129	under Article 17.292, Code of Criminal Procedure; or
130	130	(B) an application for an order described by
131	131	Paragraph (A) is pending; and
132	132	(12) any other information required by this title.
133	133	(b-1) A petition to which Subsection (b)(2)(B) applies must
134	134	be amended as soon as practicable after the date of the child's
135	135	birth to state the name and date of birth of the child.
136	136	SECTION 5. The changes in law made by this Act apply to a
137	137	suit for dissolution of a marriage or a suit affecting the
138	138	parent-child relationship that is filed on or after the effective
139	139	date of this Act. A suit for dissolution of a marriage or a suit
140	140	affecting the parent-child relationship filed before the effective
141	141	date of this Act is governed by the law in effect on the date the
142	142	suit was filed, and the former law is continued in effect for that
143	143	purpose.
144	144	SECTION 6. This Act takes effect September 1, 2023.