Texas 2025 - 89th Regular

Texas Senate Bill SB2052 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell S.B. No. 2052
	2	+	(In the Senate - Filed March 7, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Jurisprudence;
	4	+	April 14, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 0; April 14, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2052 By: Hughes
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to suits affecting the parent-child relationship between a
9	16		parent and a nonparent.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Chapter 102, Family Code, is amended by adding
12	19		Section 102.0031 to read as follows:
13	20		Sec. 102.0031. REQUIRED AFFIDAVIT FOR STANDING OF
14	21		NONPARENT. (a) A nonparent who files or intervenes in a suit
15	22		affecting the parent-child relationship in which another party to
16	23		the suit is a parent of the child shall execute and serve with the
17	24		nonparent's initial pleading an affidavit that:
18	25		(1) attests, based on the nonparent's personal
19	26		knowledge or representations made to the nonparent by a person with
20	27		personal knowledge of the matter, that denying the relief sought
21	28		would significantly impair the child's physical health or emotional
22	29		development; and
23	30		(2) contains facts that support the allegation under
24	31		Subdivision (1).
25	32		(b) The court shall deny the relief sought and dismiss the
26	33		suit or strike the intervention, as applicable, unless the court
27	34		determines, based on the affidavit, that the affidavit contains
28	35		facts adequate to support the allegation under Subsection (a)(1).
29	36		SECTION 2. Section 153.002, Family Code, is amended to read
30	37		as follows:
31	38		Sec. 153.002. BEST INTEREST OF CHILD; REBUTTABLE
32	39		PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT. (a) The best
33	40		interest of the child shall always be the primary consideration of
34	41		the court in determining the issues of conservatorship and
35	42		possession of and access to the child.
36	43		(b) In a suit between a parent and a nonparent, it is a
37	44		rebuttable presumption that:
38	45		(1) a parent acts in the best interest of the parent's
39	46		child; and
40	47		(2) it is in the best interest of a child to be in the
41	48		care, custody, and control of a parent.
42	49		(c) In a suit between a parent and a nonparent, the
43	50		nonparent may overcome the presumption under Subsection (b) by
44	51		proving by clear and convincing evidence that denial of the relief
45	52		requested by the nonparent would significantly impair the child's
46	53		physical health or emotional development. If the court renders an
47	54		order in the suit granting relief to the nonparent, the court shall
48	55		state in the order:
49	56		(1) the specific facts that support the court's
50	57		finding that denying the relief requested by the nonparent would
51	58		significantly impair the child's physical health or emotional
52	59		development; and
53	60		(2) the extent to which the nonparent has overcome the
54	61		presumption under Subsection (b).
55	62		SECTION 3. Subchapter A, Chapter 156, Family Code, is
56	63		amended by adding Section 156.008 to read as follows:
57	64		Sec. 156.008. ADDITIONAL REQUIREMENTS IN SUIT FOR
58	65		MODIFICATION BETWEEN PARENT AND NONPARENT. In a suit for
59	66		modification between a parent and a nonparent, the nonparent:
60	67		(1) if required to overcome the presumption under
61	68		Section 153.002(b), must overcome the presumption by clear and
62	69		convincing evidence; and
63	70		(2) may not overcome the presumption under Section
64	71		153.002(b) on the basis of a prior order granting relief to the
65	72		nonparent if the parent agreed to the prior order.
66	73		SECTION 4. The changes in law made by this Act apply to a
67	74		suit affecting the parent-child relationship that is pending in a
68	75		trial court on or after the effective date of this Act or filed on or
69	76		after that date.
70	77		SECTION 5. This Act takes effect September 1, 2025.
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