HBA-SEB H.B. 3093 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3093 By: Gutierrez Juvenile Justice and Family Issues 7/15/1999 Enrolled BACKGROUND AND PURPOSE 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. RULEMAKING AUTHORITY 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 BY SECTION ANALYSIS 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.