H.B. No. 261
AN ACT
relating to possession of or access to a grandchild and designation
of other relatives as managing conservators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter H, Chapter 153, Family
Code, is amended to read as follows:
SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE
SECTION 2. Section 153.431, Family Code, is amended to read
as follows:
Sec. 153.431. [GRANDPARENTAL] APPOINTMENT OF GRANDPARENT,
AUNT, OR UNCLE AS MANAGING CONSERVATOR [CONSERVATORS]. If both of
the parents of a child are deceased, the court may consider
appointment of a parent, sister, or brother of a deceased parent
[grandparents may be considered for appointment] as a managing
conservator of the child [conservators], but that consideration
does not alter or diminish the discretionary power of the court.
SECTION 3. Section 153.432, Family Code, is amended to read
as follows:
Sec. 153.432. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT.
(a) A biological or adoptive grandparent may request possession of
or access to a grandchild by filing:
(1) an original suit; or
(2) a suit for modification as provided by Chapter
156.
(b) A grandparent may request possession of or access to a
grandchild in a suit filed for the sole purpose of requesting the
relief, without regard to whether the appointment of a managing
conservator is an issue in the suit.
SECTION 4. Section 153.433, Family Code, is amended to read
as follows:
Sec. 153.433. POSSESSION OF OR [AND] ACCESS TO GRANDCHILD.
The court shall order reasonable possession of or access to a
grandchild by a grandparent if:
(1) at the time the relief is requested, at least one
biological or adoptive parent of the child has not had that parent's
parental rights terminated; [and]
(2) the grandparent requesting possession of or access
to the child overcomes the presumption that a parent acts in the
best interest of the parent's child by proving by a preponderance of
the evidence that denial of possession of or access to the child
would significantly impair the child's physical health or emotional
well-being; [access is in the best interest of the child,] and
(3) [at least one of the following facts is present:
[(A)] the grandparent requesting possession of
or access to the child is a parent of a parent of the child and that
parent of the child:
(A) has been incarcerated in jail or prison
during the three-month period preceding the filing of the petition;
(B) [or] has been found by a court to be
incompetent;
(C) [or] is dead; or
(D) does not have actual or court-ordered
possession of or access to the child
[(B) the parents of the child are divorced or
have been living apart for the three-month period preceding the
filing of the petition or a suit for the dissolution of the parents'
marriage is pending;
[(C) the child has been abused or neglected by a
parent of the child;
[(D) the child has been adjudicated to be a child
in need of supervision or a delinquent child under Title 3;
[(E) the grandparent requesting access to the
child is the parent of a person whose parent-child relationship
with the child has been terminated by court order; or
[(F) the child has resided with the grandparent
requesting access to the child for at least six months within the
24-month period preceding the filing of the petition].
SECTION 5. The heading to Section 153.434, Family Code, is
amended to read as follows:
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR
ACCESS.
SECTION 6. The change in law made by this Act to Section
153.431, Family Code, applies to a suit affecting the parent-child
relationship that is pending in a trial court on the effective date
of this Act or that is filed on or after the effective date of this
Act.
SECTION 7. The changes in law made by this Act to Sections
153.432 and 153.433, Family Code, apply to a suit under Section
153.432, Family Code, that is pending in a trial court on the
effective date of this Act or that is filed on or after the
effective date of this Act.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 261 was passed by the House on April
29, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 261 on May 19, 2005, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 261 on May 27, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 261 was passed by the Senate, with
amendments, on May 17, 2005, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
261 on May 26, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor