89R21478 KRM-F     By: Dutton, Rodríguez Ramos H.B. No. 2350       A BILL TO BE ENTITLED   AN ACT   relating to standing in a suit affecting the parent-child   relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 102.003, Family Code, is amended to read   as follows:          Sec. 102.003.  GENERAL STANDING TO FILE SUIT. (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)  the Department of Family and Protective Services;                (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, relative, or   designated caregiver of a child placed by the Department of Family   and Protective Services, who has had exclusive [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, relative, or   designated caregiver of a child placed by the Department of Family   and Protective Services in the person's home for at least 12 months   ending not more than 90 days preceding the date of the filing of the   petition, unless:                      (A)  the child has been returned to the parent   under Section 263.403; or                      (B)  the child has been placed with a parent and   the suit by the Department of Family and Protective Services has   been dismissed under Section 263.401;                (12) [(13)]  a person who is a relative of the child   within the fourth [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;                (13) [(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; or                (14) [(15)]  subject to Subsection (d), a person who is   an intended parent of a child or unborn child under a gestational   agreement that complies with the requirements of Section 160.754.          (b)  In computing the time necessary for standing under   Subsections (a)(9) and [,] (11), [and (12),] the court may not   require that the time be continuous and uninterrupted but shall   consider the child's principal residence during the relevant time   preceding the date of commencement of the suit.          (c)  Notwithstanding the time requirements of Subsection   (a)(11) [(a)(12)], a person who is the foster parent of a child may   file a suit to adopt a child for whom the person is providing foster   care at any time after the person has been approved to adopt the   child. The standing to file suit under this subsection applies only   to the adoption of a child who is eligible to be adopted.          (d)  A person described by Subsection (a)(14) [(a)(15)] has   standing to file an original suit only if:                (1)  the person is filing an original suit jointly with   the other intended parent under the gestational agreement; or                (2)  the person is filing an original suit against the   other intended parent under the gestational agreement.          SECTION 2.  Sections 102.0035(a) and (e), Family Code, are   amended to read as follows:          (a)  A pregnant woman or a parent of a child may execute a   statement to confer standing to a prospective adoptive parent as   provided by this section to assert standing under Section   102.003(a)(13) [102.003(a)(14)]. A statement to confer standing   under this section may not be executed in a suit brought by a   governmental entity under Chapter 262 or 263.          (e)  A statement to confer standing is not required in a suit   brought by a person who has standing to file a suit affecting the   parent-child relationship under Sections 102.003(a)(1)-(12) and   (14) [102.003(a)(1)-(13)] or any other law under which the person   has standing to file a suit.          SECTION 3.  The heading to Section 102.004, Family Code, is   amended to read as follows:          Sec. 102.004.  STANDING FOR CERTAIN RELATIVES AND   [GRANDPARENT OR] OTHER PERSONS [PERSON].          SECTION 4.  Section 102.004, Family Code, is amended by   amending Subsections (a), (b), and (b-1) and adding Subsections   (b-2) and (b-3) 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 fourth [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 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 relative or person.   However, [the court may grant] a grandparent or other relative or   person may intervene in a pending suit under Subsection (b-1) or   (b-2), as applicable.          (b-1)  A grandparent or other relative of the child within   the fourth degree of consanguinity may intervene in a pending suit   filed by a person authorized to do so under this chapter if 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.          (b-2)  The court may grant a person, other than a grandparent   or other relative of the child within the fourth degree of   consanguinity, subject to the requirements of Subsection (b-3)   [(b-1)] if applicable, 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 chapter if 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. The court may not grant a person   leave to intervene under this subsection unless each parent   consents to the intervention.          (b-3) [(b-1)]  A foster parent, relative, or designated   caregiver may only be granted leave to intervene under Subsection   (b-2) [(b)] if the foster parent, relative, or designated caregiver   would have standing to file an original suit as provided by Section   102.003(a)(11) [102.003(a)(12)].          SECTION 5.  Section 102.005, Family Code, is amended to read   as follows:          Sec. 102.005.  STANDING TO REQUEST TERMINATION AND ADOPTION.   An original suit requesting only an adoption or for termination of   the parent-child relationship joined with a petition for adoption   may be filed by:                (1)  a stepparent of the child;                (2)  an adult who, as the result of a placement for   adoption, has had actual possession and control of the child at any   time during the 30-day period preceding the filing of the petition;   or                (3)  [an adult who has had actual possession and   control of the child for not less than two months during the   three-month period preceding the filing of the petition;                [(4)] an adult who has adopted, or is the foster parent   of and has petitioned to adopt, a sibling of the child[; or                [(5) another adult whom the court determines to have had   substantial past contact with the child sufficient to warrant   standing to do so].          SECTION 6.  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 relative within the fourth degree of consanguinity   of a former parent whose parent-child relationship with the child   has been terminated by court order [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   relative [adult sibling, grandparent, aunt, or uncle] files an   original suit or a suit for modification requesting managing   conservatorship of the child not later than the 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.          SECTION 7.  The changes in law made by this Act apply only to   a suit affecting the parent-child relationship filed on or after   the effective date of this Act. A suit affecting the parent-child   relationship filed before that date is governed by the law in effect   on the date the suit was filed, and that law is continued in effect   for that purpose.          SECTION 8.  This Act takes effect September 1, 2025.