85R6423 MM-D     By: Deshotel H.B. No. 1216       A BILL TO BE ENTITLED   AN ACT   relating to disclosure of pregnancy or 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(a), Family Code, is amended to   read as follows:          (a)  The petition in a suit for dissolution of a marriage   shall state whether:                (1)  there are children born or adopted of the marriage   who are under 18 years of age or who are otherwise entitled to   support as provided by Chapter 154;                (2)  a party to the marriage is pregnant; or                (3)  the parties to the marriage have entered into a   gestational agreement establishing a parent-child relationship   between the parties and the child to be born under the agreement.          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 under a gestational agreement that   substantially complies with the requirements of Section 160.754,   regardless of whether the child has been born.          (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(a), 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.