79R8236 KKA-F


By:  Goodman                                                      H.B. No. 261

Substitute the following for H.B. No. 261:                                    

By:  Goodman                                                  C.S.H.B. No. 261



A BILL TO BE ENTITLED

AN ACT

relating to possession of or access to a grandchild.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  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 3.  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 4.  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 5.  This Act takes effect September 1, 2005.