Texas 2019 - 86th Regular

Texas House Bill HB575 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R27811 EAS-D
2		-	By: Dutton, White, et al. H.B. No. 575
3		-	Substitute the following for H.B. No. 575:
4		-	By: Dutton C.S.H.B. No. 575
	1	+	86R876 KJE-D
	2	+	By: Dutton H.B. No. 575
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to a suit for possession of or access to a child by a
10	8		grandparent.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Part 2, Subchapter B, Chapter 107, Family Code,
13		-	is amended by adding Section 107.024 to read as follows:
14		-	Sec. 107.024. APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR
15		-	POSSESSION OF OR ACCESS BY GRANDPARENT. (a) In a suit filed under
16		-	Section 153.432 requesting possession of or access to a grandchild,
17		-	the court shall appoint a guardian ad litem for the grandchild at
18		-	the request of a grandparent who is a party to the suit.
19		-	(b) Notwithstanding Section 107.002(e), a guardian ad litem
20		-	appointed under this section shall submit to the court a report
21		-	regarding the guardian ad litem's recommendations relating to:
22		-	(1) the grandparent's possession of or access to the
23		-	grandchild in accordance with Section 153.433; and
24		-	(2) the bases for the guardian ad litem's
25		-	recommendations.
26		-	SECTION 2. Section 153.432, Family Code, is amended by
	10	+	SECTION 1. Section 153.432, Family Code, is amended by
27	11		adding Subsection (d) to read as follows:
28	12		(d) An affidavit submitted under Subsection (c) is not
29	13		required to contain expert opinion.
30		-	SECTION 3. Section 153.433, Family Code, is amended to read
	14	+	SECTION 2. Section 153.433, Family Code, is amended to read
31	15		as follows:
32	16		Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a)
33	17		The court may order reasonable possession of or access to a
34	18		grandchild by a grandparent if:
35	19		(1) at the time the relief is requested, at least one
36	20		biological or adoptive parent of the child has not had that parent's
37	21		parental rights terminated; and
38	22		(2) the grandparent requesting possession of or access
39	23		to the child overcomes the presumption that a parent acts in the
40	24		best interest of the parent's child by proving by a preponderance of
41	25		the evidence that denial of possession of or access to the child
42	26		would significantly impair the child's physical health or emotional
43	27		well-being[; and
44	28		[(3) the grandparent requesting possession of or
45	29		access to the child is a parent of a parent of the child and that
46	30		parent of the child:
47	31		[(A) has been incarcerated in jail or prison
48	32		during the three-month period preceding the filing of the petition;
49	33		[(B) has been found by a court to be incompetent;
50	34		[(C) is dead; or
51	35		[(D) does not have actual or court-ordered
52	36		possession of or access to the child].
53	37		(a-1) To meet the burden of proof under Subsection (a)(2), a
54	38		grandparent requesting possession of or access to a grandchild is
55	39		not required to offer expert testimony.
56	40		(b) An order granting possession of or access to a child by a
57	41		grandparent that is rendered over a parent's objections must state,
58	42		with specificity, that:
59	43		(1) at the time the relief was requested, at least one
60	44		biological or adoptive parent of the child had not had that parent's
61	45		parental rights terminated; and
62	46		(2) the grandparent requesting possession of or access
63	47		to the child has overcome the presumption that a parent acts in the
64	48		best interest of the parent's child by proving by a preponderance of
65	49		the evidence that the denial of possession of or access to the child
66	50		would significantly impair the child's physical health or emotional
67	51		well-being[; and
68	52		[(3) the grandparent requesting possession of or
69	53		access to the child is a parent of a parent of the child and that
70	54		parent of the child:
71	55		[(A) has been incarcerated in jail or prison
72	56		during the three-month period preceding the filing of the petition;
73	57		[(B) has been found by a court to be incompetent;
74	58		[(C) is dead; or
75	59		[(D) does not have actual or court-ordered
76	60		possession of or access to the child].
77		-	SECTION 4. The change in law made by this Act applies to a
	61	+	SECTION 3. The change in law made by this Act applies to a
78	62		suit affecting the parent-child relationship that is pending in a
79	63		trial court on the effective date of this Act or filed on or after
80	64		that date.
81		-	SECTION 5. This Act takes effect September 1, 2019.
	65	+	SECTION 4. This Act takes effect September 1, 2019.