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


Office of House Bill AnalysisC.S.H.B. 3093
By: Gutierrez
Juvenile Justice and Family Issues
4/15/1999
Committee Report (Substituted)



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. C.S.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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies SECTION 1 of the original by modifying proposed
Section 102.003(13), Family Code, to authorize an original suit affecting a
parent-child 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.  The original would have authorized such a suit to be
filed by the relative if the child's guardian, managing conservator, or
parent were deceased at the time of filing. 

The substitute adds SECTION 2 which amends Section 102.004(a), Family Code,
to authorize a grandparent, under specific conditions, to file an original
suit requesting managing conservatorship in addition to the general
standing to file suit under Section 102.003(13). 
 
The substitute modifies the original by redesignating SECTION 3 of the
original to SECTION 4 of the substitute.  The substitute modifies SECTION 3
of the substitute to add a prospective clause so that it relates to the
effective date of this Act as modified by the substitute.  The substitute
modifies SECTION 4, as redesignated, to replace the short emergency clause
in the original with the long emergency clause in the substitute.