Texas 2021 - 87th Regular

Texas House Bill HB756 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5069 MLH-D
2	2	By: Dutton H.B. No. 756
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a suit for possession of or access to a child by a
8	8	grandparent.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Part 2, Subchapter B, Chapter 107, Family Code,
11	11	is amended by adding Section 107.024 to read as follows:
12	12	Sec. 107.024. APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR
13	13	POSSESSION OR ACCESS BY GRANDPARENT. (a) In a suit filed under
14	14	Section 153.432 requesting possession of or access to a grandchild,
15	15	the court shall appoint a guardian ad litem for the grandchild at
16	16	the request of a grandparent who is a party to the suit.
17	17	(b) Notwithstanding Section 107.002(e), a guardian ad litem
18	18	appointed under this section shall submit to the court a report
19	19	regarding the guardian ad litem's recommendations relating to:
20	20	(1) the grandparent's possession of or access to the
21	21	grandchild in accordance with Section 153.433; and
22	22	(2) the bases for the guardian ad litem's
23	23	recommendations.
24	24	SECTION 2. Section 153.432, Family Code, is amended by
25	25	adding Subsection (d) to read as follows:
26	26	(d) An affidavit submitted under Subsection (c) is not
27	27	required to contain expert opinion.
28	28	SECTION 3. Section 153.433, Family Code, is amended to read
29	29	as follows:
30	30	Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a)
31	31	The court may order reasonable possession of or access to a
32	32	grandchild by a grandparent if:
33	33	(1) at the time the relief is requested, at least one
34	34	biological or adoptive parent of the child has not had that parent's
35	35	parental rights terminated; and
36	36	(2) the grandparent requesting possession of or access
37	37	to the child overcomes the presumption that a parent acts in the
38	38	best interest of the parent's child by proving by a preponderance of
39	39	the evidence that denial of possession of or access to the child
40	40	would significantly impair the child's physical health or emotional
41	41	well-being[; and
42	42	[(3) the grandparent requesting possession of or
43	43	access to the child is a parent of a parent of the child and that
44	44	parent of the child:
45	45	[(A) has been incarcerated in jail or prison
46	46	during the three-month period preceding the filing of the petition;
47	47	[(B) has been found by a court to be incompetent;
48	48	[(C) is dead; or
49	49	[(D) does not have actual or court-ordered
50	50	possession of or access to the child].
51	51	(a-1) To meet the burden of proof under Subsection (a)(2), a
52	52	grandparent requesting possession of or access to a grandchild is
53	53	not required to offer expert testimony.
54	54	(b) An order granting possession of or access to a child by a
55	55	grandparent that is rendered over a parent's objections must state,
56	56	with specificity, that:
57	57	(1) at the time the relief was requested, at least one
58	58	biological or adoptive parent of the child had not had that parent's
59	59	parental rights terminated; and
60	60	(2) the grandparent requesting possession of or access
61	61	to the child has overcome the presumption that a parent acts in the
62	62	best interest of the parent's child by proving by a preponderance of
63	63	the evidence that the denial of possession of or access to the child
64	64	would significantly impair the child's physical health or emotional
65	65	well-being[; and
66	66	[(3) the grandparent requesting possession of or
67	67	access to the child is a parent of a parent of the child and that
68	68	parent of the child:
69	69	[(A) has been incarcerated in jail or prison
70	70	during the three-month period preceding the filing of the petition;
71	71	[(B) has been found by a court to be incompetent;
72	72	[(C) is dead; or
73	73	[(D) does not have actual or court-ordered
74	74	possession of or access to the child].
75	75	SECTION 4. The change in law made by this Act applies to a
76	76	suit affecting the parent-child relationship that is pending in a
77	77	trial court on the effective date of this Act or filed on or after
78	78	that date.
79	79	SECTION 5. This Act takes effect September 1, 2021.