Texas 2025 - 89th Regular

Texas House Bill HB308 Compare Versions

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

Old	New	Differences
1	1	89R1641 MLH-D
2	2	By: Talarico H.B. No. 308
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a suit for dissolution of a marriage and associated suit
10	10	affecting the parent-child relationship when a party is pregnant.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 6.406, Family Code, is amended by adding
13	13	Subsection (c) to read as follows:
14	14	(c) If a party to a suit for dissolution of a marriage
15	15	discloses to the court that either party is pregnant, the suit must
16	16	include a suit affecting the parent-child relationship regarding
17	17	the unborn child under Title 5.
18	18	SECTION 2. Subchapter H, Chapter 6, Family Code, is amended
19	19	by adding Section 6.713 to read as follows:
20	20	Sec. 6.713. FINAL DECREE WHEN PARTY IS PREGNANT; SEVERING
21	21	OF RELATED MATTERS. (a) A court may not deny or delay rendering a
22	22	decree of dissolution of marriage solely because a party to the suit
23	23	is pregnant.
24	24	(b) If a party to the suit is known by the court to be
25	25	pregnant, the court may, on a showing of good cause, sever:
26	26	(1) a suit affecting the parent-child relationship
27	27	joined under Section 6.406; or
28	28	(2) a claim or other matter related to division of the
29	29	marital estate.
30	30	(c) If a court severs a suit, claim, or other matter under
31	31	Subsection (b), the court:
32	32	(1) shall render, as applicable, orders for injunctive
33	33	or other relief the court considers necessary to protect, until
34	34	final adjudication of the matter severed:
35	35	(A) the parties to the suit for dissolution of
36	36	the marriage;
37	37	(B) a child or unborn child subject to a suit
38	38	affecting the parent-child relationship that has been severed; and
39	39	(C) the marital estate;
40	40	(2) may not waive or consider waived any unadjudicated
41	41	claim:
42	42	(A) pending at the time the matter is severed; or
43	43	(B) that may arise after the court renders a
44	44	decree for dissolution of the marriage; and
45	45	(3) may not require any additional fees in relation to
46	46	the matter severed.
47	47	(d) A decree of dissolution of marriage rendered while a
48	48	party to the suit is pregnant does not affect proceedings in a suit
49	49	affecting the parent-child relationship regarding the unborn
50	50	child.
51	51	SECTION 3. Section 102.003(a), Family Code, is amended to
52	52	read as follows:
53	53	(a) An original suit may be filed at any time by:
54	54	(1) a parent of the child;
55	55	(2) the child through a representative authorized by
56	56	the court;
57	57	(3) a custodian or person having the right of
58	58	visitation with or access to the child appointed by an order of a
59	59	court of another state or country;
60	60	(4) a guardian of the person or of the estate of the
61	61	child;
62	62	(5) a governmental entity;
63	63	(6) the Department of Family and Protective Services;
64	64	(7) a licensed child placing agency;
65	65	(8) a man alleging himself to be the father of a child
66	66	filing in accordance with Chapter 160, subject to the limitations
67	67	of that chapter, but not otherwise;
68	68	(9) a person, other than a foster parent, who has had
69	69	actual care, control, and possession of the child for at least six
70	70	months ending not more than 90 days preceding the date of the filing
71	71	of the petition;
72	72	(10) a person designated as the managing conservator
73	73	in a revoked or unrevoked affidavit of relinquishment under Chapter
74	74	161 or to whom consent to adoption has been given in writing under
75	75	Chapter 162;
76	76	(11) a person with whom the child and the child's
77	77	guardian, managing conservator, or parent have resided for at least
78	78	six months ending not more than 90 days preceding the date of the
79	79	filing of the petition if the child's guardian, managing
80	80	conservator, or parent is deceased at the time of the filing of the
81	81	petition;
82	82	(12) a person who is the foster parent of a child
83	83	placed by the Department of Family and Protective Services in the
84	84	person's home for at least 12 months ending not more than 90 days
85	85	preceding the date of the filing of the petition;
86	86	(13) a person who is a relative of the child within the
87	87	third degree by consanguinity, as determined by Chapter 573,
88	88	Government Code, if the child's parents are deceased at the time of
89	89	the filing of the petition;
90	90	(14) a person who has been named as a prospective
91	91	adoptive parent of a child by a pregnant woman or the parent of the
92	92	child, in a verified written statement to confer standing executed
93	93	under Section 102.0035, regardless of whether the child has been
94	94	born; [or]
95	95	(15) subject to Subsection (d), a person who is an
96	96	intended parent of a child or unborn child under a gestational
97	97	agreement that complies with the requirements of Section 160.754;
98	98	or
99	99	(16) a person who is a party to a suit for dissolution
100	100	of marriage under Chapter 6 in which one of the parties to the suit
101	101	is pregnant.
102	102	SECTION 4. Section 102.008, Family Code, is amended by
103	103	amending Subsection (b) and adding Subsection (b-1) to read as
104	104	follows:
105	105	(b) The petition must include:
106	106	(1) a statement that:
107	107	(A) the court in which the petition is filed has
108	108	continuing, exclusive jurisdiction or that no court has continuing
109	109	jurisdiction of the suit; or
110	110	(B) in a suit in which adoption of a child is
111	111	requested, the court in which the petition is filed has
112	112	jurisdiction of the suit under Section 103.001(b);
113	113	(2) the name and date of birth of the child, except
114	114	that:
115	115	(A) if adoption of a child is requested, the name
116	116	of the child may be omitted; and
117	117	(B) if the suit is filed under Section
118	118	102.003(a)(16), the petition must state that the child has not been
119	119	born and the expected date of birth of the child;
120	120	(3) the full name of the petitioner and the
121	121	petitioner's relationship to the child or the fact that no
122	122	relationship exists;
123	123	(4) the names of the parents, except in a suit in which
124	124	adoption is requested;
125	125	(5) the name of the managing conservator, if any, or
126	126	the child's custodian, if any, appointed by order of a court of
127	127	another state or country;
128	128	(6) the names of the guardians of the person and estate
129	129	of the child, if any;
130	130	(7) the names of possessory conservators or other
131	131	persons, if any, having possession of or access to the child under
132	132	an order of the court;
133	133	(8) the name of an alleged father of the child or a
134	134	statement that the identity of the father of the child is unknown;
135	135	(9) a full description and statement of value of all
136	136	property owned or possessed by the child;
137	137	(10) a statement describing what action the court is
138	138	requested to take concerning the child and the statutory grounds on
139	139	which the request is made;
140	140	(11) a statement as to whether, in regard to a party to
141	141	the suit or a child of a party to the suit:
142	142	(A) there is in effect:
143	143	(i) a protective order under Title 4;
144	144	(ii) a protective order under Subchapter A,
145	145	Chapter 7B, Code of Criminal Procedure; or
146	146	(iii) an order for emergency protection
147	147	under Article 17.292, Code of Criminal Procedure; or
148	148	(B) an application for an order described by
149	149	Paragraph (A) is pending; and
150	150	(12) any other information required by this title.
151	151	(b-1) A petition to which Subsection (b)(2)(B) applies must
152	152	be amended as soon as practicable after the date of the child's
153	153	birth to state the name and date of birth of the child.
154	154	SECTION 5. The changes in law made by this Act apply to a
155	155	suit for dissolution of a marriage or a suit affecting the
156	156	parent-child relationship that is filed on or after the effective
157	157	date of this Act. A suit for dissolution of a marriage or a suit
158	158	affecting the parent-child relationship filed before the effective
159	159	date of this Act is governed by the law in effect on the date the
160	160	suit was filed, and the former law is continued in effect for that
161	161	purpose.
162	162	SECTION 6. This Act takes effect September 1, 2025.