Bill Text: TX HB390 | 2013-2014 | 83rd Legislature | Introduced

---

Bill Title: Relating to standing for a grandparent or certain other persons to file a suit affecting the parent-child relationship.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-02-11 - Referred to Judiciary & Civil Jurisprudence [HB390 Detail]

Download: Texas-2013-HB390-Introduced.html

---

83R1537 EES-F
By: Thompson of Harris H.B. No. 390

A BILL TO BE ENTITLED
AN ACT
relating to standing for a grandparent or certain other persons to
file a suit affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 102.004(a) and (b), Family Code, are
amended to read as follows:
(a) In addition to the general standing to file suit
provided by Section 102.003, a grandparent, or another relative of
the child related within the third degree by consanguinity, may
file an original suit requesting managing conservatorship if there
is satisfactory proof to the court that:
(1) the order requested is necessary because the
child's present circumstances would significantly impair the
child's physical health or emotional development; or
(2) both parents, the surviving parent, or a [the]
managing conservator or custodian either filed the petition or
consented to the suit.
(b) An original suit requesting possessory conservatorship
may not be filed by a grandparent or other person. However, the
court may grant a grandparent or other person deemed by the court to
have had substantial past contact with the child leave to intervene
in a pending suit filed by a person authorized to do so under this
subchapter if, after notice and hearing, there is satisfactory
proof to the court that appointment of a parent as a sole managing
conservator or both parents as joint managing conservators would
significantly impair the child's physical health or emotional
development.
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.