85R17704 MM-F     By: Deshotel, Thierry H.B. No. 1216     Substitute the following for H.B. No. 1216:     By:  Dutton C.S.H.B. No. 1216       A BILL TO BE ENTITLED   AN ACT   relating to disclosure regarding the existence of a gestational   agreement in a suit for the dissolution of a marriage and standing   of an intended parent under a gestational agreement to file a suit   affecting the parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 6.406, Family Code, is amended by adding   Subsection (a-1) to read as follows:          (a-1)  If the parties to a suit for dissolution of a marriage   are the intended parents under a gestational agreement that is in   effect and that establishes a parent-child relationship between the   parties as intended parents and an unborn child on the birth of the   child, the petition in the suit for dissolution of a marriage shall   state:                (1)  that the parties to the marriage have entered into   a gestational agreement establishing a parent-child relationship   between the parties as intended parents and an unborn child on the   birth of the child;                (2)  whether the gestational mother under the agreement   is pregnant or a child who is the subject of the agreement has been   born; and                (3)  whether the agreement has been validated under   Section 160.756.          SECTION 2.  Section 102.003, Family Code, is amended by   amending Subsection (a) and adding Subsection (d) to read as   follows:          (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, who has had   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 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;                (13)  a person who is a relative of the child within the   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; [or]                (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                (15)  subject to Subsection (d), a person who is an   intended parent of a child or unborn child under a gestational   agreement that substantially complies with the requirements of   Section 160.754.          (d)  A person described by Subsection (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 3.  Section 6.406, Family Code, as amended by this   Act, applies only to a petition for dissolution of a marriage that   is filed on or after the effective date of this Act. A petition for   dissolution of a marriage that is filed before the effective date of   this Act is governed by the law in effect on the date the petition is   filed, and the former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.