Texas 2025 - 89th Regular

Texas House Bill HB2350 Compare Versions

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

Old	New	Differences
1	1	89R9671 KRM-F
2	2	By: Dutton H.B. No. 2350
3	3
4	4
5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to standing in a suit affecting the parent-child
10	10	relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 102.003, Family Code, is amended to read
13	13	as follows:
14	14	Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An
15	15	original suit may be filed at any time by:
16	16	(1) a parent of the child;
17	17	(2) the child through a representative authorized by
18	18	the court;
19	19	(3) a custodian or person having the right of
20	20	visitation with or access to the child appointed by an order of a
21	21	court of another state or country;
22	22	(4) a guardian of the person or of the estate of the
23	23	child;
24	24	(5) a governmental entity;
25	25	(6) the Department of Family and Protective Services;
26	26	(7) a licensed child placing agency;
27	27	(8) a man alleging himself to be the father of a child
28	28	filing in accordance with Chapter 160, subject to the limitations
29	29	of that chapter, but not otherwise;
30	30	(9) a person, other than a foster parent, relative, or
31	31	designated caregiver of a child placed by the Department of Family
32	32	and Protective Services, who has had actual care, control, and
33	33	possession of the child for at least six months ending not more than
34	34	90 days preceding the date of the filing of the petition;
35	35	(10) a person designated as the managing conservator
36	36	in a revoked or unrevoked affidavit of relinquishment under Chapter
37	37	161 or to whom consent to adoption has been given in writing under
38	38	Chapter 162;
39	39	(11) [a person with whom the child and the child's
40	40	guardian, managing conservator, or parent have resided for at least
41	41	six months ending not more than 90 days preceding the date of the
42	42	filing of the petition if the child's guardian, managing
43	43	conservator, or parent is deceased at the time of the filing of the
44	44	petition;
45	45	[(12)] a person who is the foster parent, relative, or
46	46	designated caregiver of a child placed by the Department of Family
47	47	and Protective Services in the person's home for at least 12 months
48	48	ending not more than 90 days preceding the date of the filing of the
49	49	petition, unless:
50	50	(A) the child has been returned to the parent
51	51	under Section 263.403; or
52	52	(B) the child has been placed with a parent and
53	53	the suit by the Department of Family and Protective Services has
54	54	been dismissed under Section 263.401;
55	55	(12) [(13)] a person who is a relative of the child
56	56	within the fourth [third] degree by consanguinity, as determined by
57	57	Chapter 573, Government Code, if the child's parents are deceased
58	58	at the time of the filing of the petition;
59	59	(13) [(14)] a person who has been named as a
60	60	prospective adoptive parent of a child by a pregnant woman or the
61	61	parent of the child, in a verified written statement to confer
62	62	standing executed under Section 102.0035, regardless of whether the
63	63	child has been born; or
64	64	(14) [(15)] subject to Subsection (d), a person who is
65	65	an intended parent of a child or unborn child under a gestational
66	66	agreement that complies with the requirements of Section 160.754.
67	67	(b) In computing the time necessary for standing under
68	68	Subsections (a)(9) and [,] (11), [and (12),] the court may not
69	69	require that the time be continuous and uninterrupted but shall
70	70	consider the child's principal residence during the relevant time
71	71	preceding the date of commencement of the suit.
72	72	(c) Notwithstanding the time requirements of Subsection
73	73	(a)(11) [(a)(12)], a person who is the foster parent of a child may
74	74	file a suit to adopt a child for whom the person is providing foster
75	75	care at any time after the person has been approved to adopt the
76	76	child. The standing to file suit under this subsection applies only
77	77	to the adoption of a child who is eligible to be adopted.
78	78	(d) A person described by Subsection (a)(14) [(a)(15)] has
79	79	standing to file an original suit only if:
80	80	(1) the person is filing an original suit jointly with
81	81	the other intended parent under the gestational agreement; or
82	82	(2) the person is filing an original suit against the
83	83	other intended parent under the gestational agreement.
84	84	SECTION 2. Sections 102.0035(a) and (e), Family Code, are
85	85	amended to read as follows:
86	86	(a) A pregnant woman or a parent of a child may execute a
87	87	statement to confer standing to a prospective adoptive parent as
88	88	provided by this section to assert standing under Section
89	89	102.003(a)(13) [102.003(a)(14)]. A statement to confer standing
90	90	under this section may not be executed in a suit brought by a
91	91	governmental entity under Chapter 262 or 263.
92	92	(e) A statement to confer standing is not required in a suit
93	93	brought by a person who has standing to file a suit affecting the
94	94	parent-child relationship under Sections 102.003(a)(1)-(12) and
95	95	(14) [102.003(a)(1)-(13)] or any other law under which the person
96	96	has standing to file a suit.
97	97	SECTION 3. The heading to Section 102.004, Family Code, is
98	98	amended to read as follows:
99	99	Sec. 102.004. STANDING FOR CERTAIN RELATIVES AND
100	100	[GRANDPARENT OR] OTHER PERSONS [PERSON].
101	101	SECTION 4. Section 102.004, Family Code, is amended by
102	102	amending Subsections (a), (b), and (b-1) and adding Subsections
103	103	(b-2) and (b-3) to read as follows:
104	104	(a) In addition to the general standing to file suit
105	105	provided by Section 102.003, a grandparent, or another relative of
106	106	the child related within the fourth [third] degree by
107	107	consanguinity, may file an original suit requesting managing
108	108	conservatorship if there is satisfactory proof to the court that:
109	109	(1) the order requested is necessary because the
110	110	child's present circumstances would significantly impair the
111	111	child's physical health or emotional development; or
112	112	(2) both parents, the surviving parent, or the
113	113	managing conservator or custodian either filed the petition or
114	114	consented to the suit.
115	115	(b) An original suit requesting possessory conservatorship
116	116	may not be filed by a grandparent or other relative or person.
117	117	However, [the court may grant] a grandparent or other relative or
118	118	person may intervene in a pending suit under Subsection (b-1) or
119	119	(b-2), as applicable.
120	120	(b-1) A grandparent or other relative of the child within
121	121	the fourth degree of consanguinity may intervene in a pending suit
122	122	filed by a person authorized to do so under this chapter if there is
123	123	satisfactory proof to the court that appointment of a parent as a
124	124	sole managing conservator or both parents as joint managing
125	125	conservators would significantly impair the child's physical
126	126	health or emotional development.
127	127	(b-2) The court may grant a person, other than a grandparent
128	128	or other relative of the child within the fourth degree of
129	129	consanguinity, subject to the requirements of Subsection (b-3)
130	130	[(b-1)] if applicable, deemed by the court to have had substantial
131	131	past contact with the child leave to intervene in a pending suit
132	132	filed by a person authorized to do so under this chapter if there is
133	133	satisfactory proof to the court that appointment of a parent as a
134	134	sole managing conservator or both parents as joint managing
135	135	conservators would significantly impair the child's physical
136	136	health or emotional development. The court may not grant a person
137	137	leave to intervene under this subsection unless each parent
138	138	consents to the intervention.
139	139	(b-3) [(b-1)] A foster parent, relative, or designated
140	140	caregiver may only be granted leave to intervene under Subsection
141	141	(b-2) [(b)] if the foster parent, relative, or designated caregiver
142	142	would have standing to file an original suit as provided by Section
143	143	102.003(a)(11) [102.003(a)(12)].
144	144	SECTION 5. Section 102.005, Family Code, is amended to read
145	145	as follows:
146	146	Sec. 102.005. STANDING TO REQUEST TERMINATION AND ADOPTION.
147	147	An original suit requesting only an adoption or for termination of
148	148	the parent-child relationship joined with a petition for adoption
149	149	may be filed by:
150	150	(1) a stepparent of the child;
151	151	(2) an adult who, as the result of a placement for
152	152	adoption, has had actual possession and control of the child at any
153	153	time during the 30-day period preceding the filing of the petition;
154	154	or
155	155	(3) [an adult who has had actual possession and
156	156	control of the child for not less than two months during the
157	157	three-month period preceding the filing of the petition;
158	158	[(4)] an adult who has adopted, or is the foster parent
159	159	of and has petitioned to adopt, a sibling of the child[; or
160	160	[(5) another adult whom the court determines to have had
161	161	substantial past contact with the child sufficient to warrant
162	162	standing to do so].
163	163	SECTION 6. Section 102.006(c), Family Code, is amended to
164	164	read as follows:
165	165	(c) The limitations on filing suit imposed by this section
166	166	do not apply to a relative within the fourth degree of consanguinity
167	167	of a former parent whose parent-child relationship with the child
168	168	has been terminated by court order [an adult sibling of the child, a
169	169	grandparent of the child, an aunt who is a sister of a parent of the
170	170	child, or an uncle who is a brother of a parent of the child] if the
171	171	relative [adult sibling, grandparent, aunt, or uncle] files an
172	172	original suit or a suit for modification requesting managing
173	173	conservatorship of the child not later than the 90th day after the
174	174	date the parent-child relationship between the child and the parent
175	175	is terminated in a suit filed by the Department of Family and
176	176	Protective Services requesting the termination of the parent-child
177	177	relationship.
178	178	SECTION 7. The changes in law made by this Act apply only to
179	179	a suit affecting the parent-child relationship filed on or after
180	180	the effective date of this Act. A suit affecting the parent-child
181	181	relationship filed before that date is governed by the law in effect
182	182	on the date the suit was filed, and that law is continued in effect
183	183	for that purpose.
184	184	SECTION 8. This Act takes effect September 1, 2025.