HBA-SEB H.B. 3093 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3093
By: Gutierrez
Juvenile Justice and Family Issues
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Current law does not specifically allow a close relative of a child to file
a suit affecting the parentchild relationship.  In order for a relative to
sue for custody of the child, the relative must qualify under another
provision.  For example, the relative could file 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 within three degrees of consanguinity of the child, pursuant
to Section 573.023, Government Code (Computation of Degree of
Consanguinity), if the child's guardian, managing conservator, or parent is
deceased at the time the petition is filed.  Makes a conforming change. 

SECTION 3.  Emergency clause.
            Effective date:  90 days after adjournment.