Office of House Bill AnalysisH.B. 3093
By: Gutierrez
Juvenile Justice and Family Issues


Prior to the 76th Texas Legislature, the law did not specifically allow a
close relative of a child to file a suit affecting the parent-child
relationship.  In order for a relative to sue for custody of the child, the
relative must have qualified under another provision.  For example, the
relative could have filed suit if the relative had had actual care,
control, or possession of the child for at least six months preceding the
filing of the petition.  H.B. 3093 authorizes a person within three degrees
of consanguinity of a child, such as a sibling, grandparent, aunt, or
uncle, to file such a suit if the child's parent, managing conservator, or
guardian is deceased at the time the petition is filed.   


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Section 102.003, Family Code, to authorize an original
suit affecting a parentchild relationship to be filed at any time by a
person who is a relative of the child within the third degree of
consanguinity, as determined by Chapter 573, Government Code (Degrees of
Relationship; Nepotism Prohibitions), if the child's parents are deceased
at the time the petition is filed.  Makes a conforming change. 

SECTION 2.  Amends Section 102.004(a), Family Code, to authorize a
grandparent to file an original suit requesting managing conservatorship in
addition to the general standing under Section 102.003(13).  Provides that
this authorization applies if there is satisfactory proof to the court that
the order requested is necessary because the child's present environment
presents a serious question concerning the child's physical health or
welfare or both parents, the surviving parent, or the managing conservator
either filed the petition or consented to the suit.   

SECTION 3.  Makes application of this Act prospective.

SECTION 4.Emergency clause.
  Effective date: upon passage.