| 1 | 1 | | 85R12754 KSD-D |
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| 2 | 2 | | By: Elkins H.B. No. 4174 |
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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 the limitation on the right of a child's grandparent to |
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| 8 | 8 | | request possession of or access to the child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 153.434, Family Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR |
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| 13 | 13 | | ACCESS. A biological or adoptive grandparent may not request |
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| 14 | 14 | | possession of or access to a grandchild if: |
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| 15 | 15 | | (1) each of the biological parents of the grandchild |
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| 16 | 16 | | has: |
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| 17 | 17 | | (A) died; |
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| 18 | 18 | | (B) had the person's parental rights terminated; |
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| 19 | 19 | | or |
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| 20 | 20 | | (C) executed an affidavit of waiver of interest |
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| 21 | 21 | | in child or an affidavit of relinquishment of parental rights under |
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| 22 | 22 | | Chapter 161 and the affidavit designates the Department of Family |
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| 23 | 23 | | and Protective Services, a licensed child-placing agency, or a |
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| 24 | 24 | | person other than the child's stepparent as the managing |
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| 25 | 25 | | conservator of the child; and |
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| 26 | 26 | | (2) the grandchild has been adopted, or is the subject |
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| 27 | 27 | | of a pending suit for adoption, by a person other than: |
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| 28 | 28 | | (A) the child's stepparent; or |
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| 29 | 29 | | (B) a relative of the grandparent related within |
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| 30 | 30 | | the third degree by consanguinity. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to a suit affecting the parent-child relationship filed on or after |
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| 33 | 33 | | the effective date of this Act. A suit filed before that date is |
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| 34 | 34 | | governed by the law in effect on the date the suit was filed, and the |
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| 35 | 35 | | former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2017. |
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