By: Birdwell S.B. No. 2052     A BILL TO BE ENTITLED   AN ACT   relating to suits affecting the parent-child relationship between a   parent and a nonparent.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 102, Family Code, is amended by adding   Section 102.0031 to read as follows:          Sec. 102.0031.  REQUIRED AFFIDAVIT FOR STANDING OF   NONPARENT. (a) A nonparent who files or intervenes in a suit   affecting the parent-child relationship in which another party to   the suit is a parent of the child shall execute and serve with the   nonparent's initial pleading an affidavit that:                (1)  attests, based on the nonparent's personal   knowledge or representations made to the nonparent by a person with   personal knowledge of the matter, that denying the relief sought   would significantly impair the child's physical health or emotional   development; and                (2)  contains facts that support the allegation under   Subdivision (1).          (b)  The court shall deny the relief sought and dismiss the   suit or strike the intervention, as applicable, unless the court   determines, based on the affidavit, that the affidavit contains   facts adequate to support the allegation under Subsection (a)(1).          SECTION 2.  Section 153.002, Family Code, is amended to read   as follows:          Sec. 153.002.  BEST INTEREST OF CHILD; REBUTTABLE   PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT. (a) The best   interest of the child shall always be the primary consideration of   the court in determining the issues of conservatorship and   possession of and access to the child.          (b)  In a suit between a parent and a nonparent, it is a   rebuttable presumption that:                (1)  a parent acts in the best interest of the parent's   child; and                (2)  it is in the best interest of a child to be in the   care, custody, and control of a parent.          (c)  In a suit between a parent and a nonparent, the   nonparent may overcome the presumption under Subsection (b) by   proving by clear and convincing evidence that denial of the relief   requested by the nonparent would significantly impair the child's   physical health or emotional development. If the court renders an   order in the suit granting relief to the nonparent, the court shall   state in the order:                (1)  the specific facts that support the court's   finding that denying the relief requested by the nonparent would   significantly impair the child's physical health or emotional   development; and                (2)  the extent to which the nonparent has overcome the   presumption under Subsection (b).          SECTION 3.  Subchapter A, Chapter 156, Family Code, is   amended by adding Section 156.008 to read as follows:          Sec. 156.008.  ADDITIONAL REQUIREMENTS IN SUIT FOR   MODIFICATION BETWEEN PARENT AND NONPARENT. In a suit for   modification between a parent and a nonparent, the nonparent:                (1)  if required to overcome the presumption under   Section 153.002(b), must overcome the presumption by clear and   convincing evidence; and                (2)  may not overcome the presumption under Section   153.002(b) on the basis of a prior order granting relief to the   nonparent if the parent agreed to the prior order.          SECTION 4.  The changes in law made by this Act apply to a   suit affecting the parent-child relationship that is pending in a   trial court on or after the effective date of this Act or filed on or   after that date.          SECTION 5.  This Act takes effect September 1, 2025.