Bill Text: TX HB2321 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to standing for certain foster parents to file a suit affecting the parent-child relationship.
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2013-04-23 - Committee report sent to Calendars [HB2321 Detail]
Download: Texas-2013-HB2321-Comm_Sub.html
| 83R17257 MCK-F | |||
| By: Parker, Wu, et al. | H.B. No. 2321 | ||
| Substitute the following for H.B. No. 2321: | |||
| By: Hunter | C.S.H.B. No. 2321 | ||
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| relating to standing for certain foster parents to file a suit | ||
| affecting the parent-child relationship. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 102.003(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) An original suit may be filed at any time by: | ||
| (1) a parent of the child; | ||
| (2) the child through a representative authorized by | ||
| the court; | ||
| (3) a custodian or person having the right of | ||
| visitation with or access to the child appointed by an order of a | ||
| court of another state or country; | ||
| (4) a guardian of the person or of the estate of the | ||
| child; | ||
| (5) a governmental entity; | ||
| (6) an authorized agency; | ||
| (7) a licensed child placing agency; | ||
| (8) a man alleging himself to be the father of a child | ||
| filing in accordance with Chapter 160, subject to the limitations | ||
| of that chapter, but not otherwise; | ||
| (9) a person, other than a foster parent, who has had | ||
| actual care, control, and possession of the child for at least six | ||
| months ending not more than 90 days preceding the date of the filing | ||
| of the petition; | ||
| (10) a person designated as the managing conservator | ||
| in a revoked or unrevoked affidavit of relinquishment under Chapter | ||
| 161 or to whom consent to adoption has been given in writing under | ||
| Chapter 162; | ||
| (11) a person with whom the child and the child's | ||
| guardian, managing conservator, or parent have resided for at least | ||
| six months ending not more than 90 days preceding the date of the | ||
| filing of the petition if the child's guardian, managing | ||
| conservator, or parent is deceased at the time of the filing of the | ||
| petition; | ||
| (12) a person who is the foster parent of a child | ||
| placed by the Department of Family and Protective Services in the | ||
| person's home for at least: | ||
| (A) 12 months ending not more than 90 days | ||
| preceding the date of the filing of the petition; or | ||
| (B) six months if the department has removed the | ||
| child from the child's home more than once and the child resides | ||
| with the foster parent; | ||
| (13) a person who is a relative of the child within the | ||
| third degree by consanguinity, as determined by Chapter 573, | ||
| Government Code, if the child's parents are deceased at the time of | ||
| the filing of the petition; or | ||
| (14) a person who has been named as a prospective | ||
| adoptive parent of a child by a pregnant woman or the parent of the | ||
| child, in a verified written statement to confer standing executed | ||
| under Section 102.0035, regardless of whether the child has been | ||
| born. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a suit affecting the parent-child relationship filed on or after | ||
| the effective date of this Act. A suit filed before that date is | ||
| governed by the law in effect on the date the suit was filed, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
