85R12754 KSD-D
By: Elkins H.B. No. 4174
A BILL TO BE ENTITLED
AN ACT
relating to the limitation on the right of a child's grandparent to
request possession of or access to the child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.434, Family Code, is amended to read
as follows:
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR
ACCESS. A biological or adoptive grandparent may not request
possession of or access to a grandchild if:
(1) each of the biological parents of the grandchild
has:
(A) died;
(B) had the person's parental rights terminated;
or
(C) executed an affidavit of waiver of interest
in child or an affidavit of relinquishment of parental rights under
Chapter 161 and the affidavit designates the Department of Family
and Protective Services, a licensed child-placing agency, or a
person other than the child's stepparent as the managing
conservator of the child; and
(2) the grandchild has been adopted, or is the subject
of a pending suit for adoption, by a person other than:
(A) the child's stepparent; or
(B) a relative of the grandparent related within
the third degree by consanguinity.
SECTION 2. The change in law made by this Act applies only
to a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit filed before that date is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.