89th Legislature

HB 2350

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2350 seeks to amend Section 102.003 of the Texas Family Code, which outlines who has legal standing to file an original suit affecting the parent-child relationship (SAPCR). The bill revises several provisions to clarify, restrict, or expand who may initiate such suits, with the intention of better aligning legal standing with meaningful caregiving relationships and the child’s best interests.

One of the key changes made by the bill is the rewording of the provision related to non-parent caregivers. Currently, individuals who have had “actual care, control, and possession” of a child for at least six months can file a SAPCR. HB 2350 strengthens this requirement by changing it to “exclusive care, control, and possession,” thereby raising the threshold and potentially reducing frivolous claims or interference from those without significant caregiving roles. The bill maintains the requirement that this six-month period must end within 90 days before filing.

The bill also removes a provision that granted standing to individuals who had cohabited with the child and the child’s parent, guardian, or conservator for six months if that adult was deceased at the time of filing. This change limits access for some non-parent caregivers in the case of a parent’s death. However, the bill expands the category of relatives who may gain standing if both parents are deceased, extending eligibility from the third to the fourth degree of consanguinity, thereby including a broader range of extended family members (such as great-aunts/uncles and first cousins once removed).

In addition, conforming changes are made to related statutory provisions in Sections 102.0035 and 102.004 of the Family Code, including updates to language referencing prospective adoptive parents and intended parents in gestational agreements. Overall, the bill aims to ensure that those seeking legal standing in child custody and conservatorship matters have demonstrated a sustained and meaningful caregiving relationship with the child.

The Committee Substitute made several notable revisions to the originally filed version of the bill, refining its language and making structural changes to clarify who has standing to bring suits affecting the parent-child relationship under the Texas Family Code.

One of the most substantive changes is the replacement of the term “actual care, control, and possession” in Section 102.003(a)(9) with “exclusive care, control, and possession.” This heightens the threshold for non-parent caregivers seeking standing by excluding situations where multiple parties might share caregiving roles, thereby narrowing eligibility. This adjustment was made in the committee substitute to ensure only those with truly primary caregiving responsibilities can initiate a case.

Another key difference is the removal of Subsection (a)(11) from the original bill, which granted standing to a person who lived with the child and a parent or conservator who is now deceased. The committee substitute eliminates this pathway entirely, further tightening standing eligibility to prevent broader access by individuals with only co-residency, not caregiving authority. Additionally, the committee substitute makes technical corrections to the numbering of subsections throughout Section 102.003 to reflect the removed and restructured provisions.

The substitute version also makes more extensive revisions to Section 102.004 regarding interventions. It introduces new subsections (b-1), (b-2), and (b-3), which differentiate between relatives (within the fourth degree) and non-relatives, and clarify under what conditions each may intervene in a pending suit. This restructuring provides a clearer legal framework for court discretion in allowing interventions based on the nature and depth of prior contact with the child.

Overall, the Committee Substitute tightens the bill’s language and introduces clearer standards to ensure that standing is granted only to individuals with demonstrable and substantial caregiving roles or close familial ties, thus promoting consistency and judicial efficiency in family law cases.
Author
Harold Dutton
Ana-Maria Ramos
Sponsor
Nathan Johnson
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 2350 are minimal for both the state and local governments. According to the Legislative Budget Board’s fiscal note, the bill is not expected to result in any significant cost to the state. It is assumed that any administrative adjustments or additional responsibilities imposed by the bill—such as changes in court procedures or increased filings due to adjusted standing rules—could be managed within existing agency resources​.

Specifically, the Office of Court Administration and the Department of Family and Protective Services, which are among the primary agencies potentially affected, anticipate no significant fiscal impact from the bill’s implementation. This suggests that while the bill may lead to some changes in the way suits affecting the parent-child relationship are initiated and processed, those changes are not expected to cause substantial administrative burden or necessitate new funding.

Similarly, for local governments, including trial courts and child welfare offices, the fiscal note indicates no significant financial effect. This implies that any increase or decrease in case volume resulting from the bill’s redefinition of standing would be manageable with current personnel and operational capacity. Overall, HB 2350 is designed to clarify legal standing without expanding government operations or expenditures.

Vote Recommendation Notes

HB 2350 makes meaningful and responsible reforms to Texas Family Code provisions governing who may file suits affecting the parent-child relationship. The bill tightens legal standing for non-parent caregivers by requiring “exclusive” rather than “actual” care of a child, ensuring that only those with a clearly defined and committed caregiving role can initiate such cases. At the same time, it expands standing for extended family members by allowing relatives within the fourth degree of consanguinity—such as great-aunts/uncles or second cousins—to file suit when both parents are deceased. These reforms advance the principles of personal responsibility, limited government, and individual liberty, ensuring that only those with a legitimate and substantial interest in a child's welfare can engage the judicial system.

Critically, the bill maintains a limited-government approach. It does not create new agencies, expand government power, or impose any regulatory burdens on individuals or businesses. The Legislative Budget Board has confirmed that the bill carries no significant fiscal implications to the state or local governments, and any procedural changes can be absorbed by existing resources​. The bill also promotes efficiency and consistency within the court system by codifying clearer and more objective standards for standing.

However, while the bill aligns well with core liberty principles, there are a few provisions that could benefit from clarification or modest revision. For example, eliminating standing for those who lived with the child and a now-deceased parent could exclude individuals with significant and meaningful relationships. Similarly, the removal of standing for adults with substantial past contact in adoption or termination cases may limit courts’ flexibility in child protection scenarios. Addressing these edge cases with narrowly tailored amendments would strengthen the bill’s fidelity to individual liberty without undermining its structure.

The bill upholds liberty by limiting government interference, focusing legal access on those most directly responsible for a child, and ensuring due process in sensitive family matters. While our support is not contingent on the adoption of the recommended changes, such amendments would further improve the legislation's clarity and effectiveness. Texas Policy Research recommends that lawmakers vote YES; Amend on HB 2350.

  • The bill refines who has the legal right (standing) to file a lawsuit concerning a child’s custody or welfare. It protects the rights of biological and legal parents by raising the standard for non-parent caregivers to gain standing—requiring exclusive rather than merely actual care. This change helps shield families from unnecessary or disruptive litigation by distant individuals. At the same time, it supports children’s welfare by expanding standing to more extended relatives in cases where both parents are deceased. However, by removing standing for certain individuals with meaningful relationships—such as those who lived with a now-deceased parent—it could, in rare cases, restrict individual liberty to act in a child's best interest.
  • The bill raises the bar for non-parent caregivers by requiring a demonstrated, consistent, and exclusive caregiving role before legal standing is granted. This promotes accountability and deters casual or opportunistic claims from those who lack a genuine commitment to the child’s care. It also continues to recognize the rights of foster parents and designated caregivers who have assumed formal responsibilities through Department of Family and Protective Services (DFPS) placements.
  • The bill does not regulate or interfere with business or economic activity. It does not impose any new restrictions on private enterprise or the legal industry. Its focus is entirely within the domain of family law and judicial process.
  • Though the bill does not directly affect property, it does reinforce the sanctity of the family unit as a domain of personal autonomy. By limiting who may petition courts regarding a child, it respects the private decision-making authority of families unless a strong, demonstrable interest by another party exists.
  • The bill aligns with a limited-government philosophy by tightening legal access to family courts, thus reducing the likelihood of unnecessary or intrusive state involvement in family matters. It does not grow state authority, expand programs, or impose new obligations on government agencies. Additionally, it is fiscally neutral and does not require new resources to implement, as confirmed by the Legislative Budget Board​.
View Bill Text and Status