Texas Family Code - FAM § 161.208. Appointment of Department of Family and Protective Services as Managing Conservator

(1) the department has made a diligent effort to locate a missing parent who has not been personally served and a relative of that parent;  and

(2) a relative located by the department has had a reasonable opportunity to request appointment as managing conservator of the child or the department has not been able to locate the missing parent or a relative of the missing parent.