| 1 | 1 | | 81R4141 KKA-F |
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| 2 | 2 | | By: Gonzalez Toureilles H.B. No. 1011 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to court-ordered access to a child by the child's sibling. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 102.0045(b), Family Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (b) Access to a child by a sibling of the child is governed |
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| 12 | 12 | | by the standards established by Section 153.551 [Subchapter J, |
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| 13 | 13 | | Chapter 153]. |
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| 14 | 14 | | SECTION 2. Section 153.551, Family Code, is amended by |
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| 15 | 15 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 16 | 16 | | follows: |
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| 17 | 17 | | (b) A [The] sibling described by Subsection (a) [of a child] |
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| 18 | 18 | | may request access to the child in a suit filed for the sole purpose |
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| 19 | 19 | | of requesting the relief, without regard to whether the appointment |
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| 20 | 20 | | of a managing conservator is an issue in the suit. |
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| 21 | 21 | | (c) The court shall order reasonable access to the child by |
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| 22 | 22 | | the child's sibling described by Subsection (a) if the court finds |
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| 23 | 23 | | that access is in the best interest of the child. |
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| 24 | 24 | | SECTION 3. Section 156.002, Family Code, is amended by |
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| 25 | 25 | | adding Subsection (c) to read as follows: |
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| 26 | 26 | | (c) The sibling of a child who is separated from the child |
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| 27 | 27 | | because of the actions of the Department of Family and Protective |
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| 28 | 28 | | Services may file a suit for modification requesting access to the |
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| 29 | 29 | | child in the court with continuing, exclusive jurisdiction. |
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| 30 | 30 | | SECTION 4. Section 153.552, Family Code, is repealed. |
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| 31 | 31 | | SECTION 5. The changes in law made by this Act apply only to |
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| 32 | 32 | | a suit affecting the parent-child relationship pending in a trial |
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| 33 | 33 | | court on or filed on or after the effective date of this Act. |
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| 34 | 34 | | SECTION 6. This Act takes effect September 1, 2009. |
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