Appointment of Grandparent, Aunt, or Uncle as Managing Conservator
Conservatorship, Possession, and Access · Rights of Grandparent, Aunt, or Uncle
If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court.
Official text of the Texas Family Code as published by the Texas Legislative Council.