By Thompson H.B. No. 2005
75R6060 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the possession of and access to grandchildren by
1-3 grandparents.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 153.433, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 153.433. POSSESSION OF AND ACCESS TO GRANDCHILD. The
1-8 court shall [may] order reasonable access to a grandchild by a
1-9 grandparent if:
1-10 (1) at the time the relief is requested, at least one
1-11 biological or adoptive parent of the child has not had that
1-12 parent's parental rights terminated; and
1-13 (2) access is in the best interest of the child, and
1-14 at least one of the following facts is present:
1-15 (A) the grandparent requesting access to the
1-16 child is a parent of a parent of the child and that parent of the
1-17 child has been incarcerated in jail or prison during the
1-18 three-month period preceding the filing of the petition or has been
1-19 found by a court to be incompetent or is dead;
1-20 (B) the parents of the child are divorced or
1-21 have been living apart for the three-month period preceding the
1-22 filing of the petition or a suit for the dissolution of the
1-23 parents' marriage is pending;
1-24 (C) the child has been abused or neglected by a
2-1 parent of the child;
2-2 (D) the child has been adjudicated to be a child
2-3 in need of supervision or a delinquent child under Title 3;
2-4 (E) the grandparent requesting access to the
2-5 child is the parent of a person whose parent-child relationship
2-6 with the child has been terminated by court order; or
2-7 (F) the child has resided with the grandparent
2-8 requesting access to the child for at least six months within the
2-9 24-month period preceding the filing of the petition.
2-10 SECTION 2. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.