|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to standing for certain individuals to file a suit |
|
affecting the parent-child relationship. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 102.006(c), Family Code, is amended to |
|
read as follows: |
|
(c) The limitations on filing suit imposed by this section |
|
do not apply to a person related to the child within the third |
|
degree by consanguinity as determined under Subchapter B, Chapter |
|
573, Government Code, who otherwise has standing under this chapter |
|
to file suit [an adult sibling of the child, a grandparent of the
|
|
child, an aunt who is a sister of a parent of the child, or an uncle
|
|
who is a brother of a parent of the child] if the person: |
|
(1) [adult sibling, grandparent, aunt, or uncle] files |
|
an original suit or a suit for modification requesting managing |
|
conservatorship or adoption of the child not later than the 30th |
|
[90th] day after the date the parent-child relationship between the |
|
child and the parent is terminated in a suit filed by the Department |
|
of Family and Protective Services requesting the termination of the |
|
parent-child relationship; and |
|
(2) demonstrates that the person's failure to become |
|
involved in the suit filed by the Department of Family and |
|
Protective Services was not due to the person's indifference or |
|
lack of diligence. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |