Texas 2025 - 89th Regular

Texas House Bill HB2645 Compare Versions

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

Old	New	Differences
1	1	89R11458 KRM-D
2	2	By: Dutton H.B. No. 2645
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a suit for possession of or access to a child by a
10	10	grandparent.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Part 2, Subchapter B, Chapter 107, Family Code,
13	13	is amended by adding Section 107.024 to read as follows:
14	14	Sec. 107.024. APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR
15	15	POSSESSION OR ACCESS BY GRANDPARENT. (a) In a suit filed under
16	16	Section 153.432 requesting possession of or access to a grandchild,
17	17	the court shall appoint a guardian ad litem for the grandchild at
18	18	the request of a grandparent who is a party to the suit.
19	19	(b) Notwithstanding Section 107.002(e), a guardian ad litem
20	20	appointed under this section shall submit to the court a report
21	21	regarding the guardian ad litem's recommendations relating to:
22	22	(1) the grandparent's possession of or access to the
23	23	grandchild in accordance with Section 153.433; and
24	24	(2) the bases for the guardian ad litem's
25	25	recommendations.
26	26	SECTION 2. Section 153.432, Family Code, is amended by
27	27	adding Subsection (d) to read as follows:
28	28	(d) An affidavit submitted under Subsection (c) is not
29	29	required to contain expert opinion.
30	30	SECTION 3. Section 153.433, Family Code, is amended to read
31	31	as follows:
32	32	Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD.
33	33	(a) The court may order reasonable possession of or access to a
34	34	grandchild by a grandparent if:
35	35	(1) at the time the relief is requested, at least one
36	36	biological or adoptive parent of the child has not had that parent's
37	37	parental rights terminated; and
38	38	(2) the grandparent requesting possession of or access
39	39	to the child overcomes the presumption that a parent acts in the
40	40	best interest of the parent's child by proving by a preponderance of
41	41	the evidence that denial of possession of or access to the child
42	42	would significantly impair the child's physical health or emotional
43	43	well-being[; and
44	44	[(3) the grandparent requesting possession of or
45	45	access to the child is a parent of a parent of the child and that
46	46	parent of the child:
47	47	[(A) has been incarcerated in jail or prison
48	48	during the three-month period preceding the filing of the petition;
49	49	[(B) has been found by a court to be incompetent;
50	50	[(C) is dead; or
51	51	[(D) does not have actual or court-ordered
52	52	possession of or access to the child].
53	53	(a-1) To meet the burden of proof under Subsection (a)(2), a
54	54	grandparent requesting possession of or access to a grandchild is
55	55	not required to offer expert testimony.
56	56	(b) An order granting possession of or access to a child by a
57	57	grandparent that is rendered over a parent's objections must state,
58	58	with specificity, that:
59	59	(1) at the time the relief was requested, at least one
60	60	biological or adoptive parent of the child had not had that parent's
61	61	parental rights terminated; and
62	62	(2) the grandparent requesting possession of or access
63	63	to the child has overcome the presumption that a parent acts in the
64	64	best interest of the parent's child by proving by a preponderance of
65	65	the evidence that the denial of possession of or access to the child
66	66	would significantly impair the child's physical health or emotional
67	67	well-being[; and
68	68	[(3) the grandparent requesting possession of or
69	69	access to the child is a parent of a parent of the child and that
70	70	parent of the child:
71	71	[(A) has been incarcerated in jail or prison
72	72	during the three-month period preceding the filing of the petition;
73	73	[(B) has been found by a court to be incompetent;
74	74	[(C) is dead; or
75	75	[(D) does not have actual or court-ordered
76	76	possession of or access to the child].
77	77	SECTION 4. The change in law made by this Act applies to a
78	78	suit affecting the parent-child relationship that is pending in a
79	79	trial court on the effective date of this Act or filed on or after
80	80	that date.
81	81	SECTION 5. This Act takes effect September 1, 2025.