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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of a grandparent, aunt or uncle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.431 Subchapter H. is amended to read |
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as follows: |
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Section 153.431. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE |
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AS MANAGING CONSERVATOR. If both of the parents of a child are |
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deceased, the court may consider appointment of a parent, sister, |
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or brother of a deceased parent as a managing conservator of the |
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child, but that consideration does not alter or diminish the |
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discretionary power of the court. |
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Section 153.432. SUIT FOR POSSESSION OR ACCESS BY |
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GRANDPARENT. (a) A biological or adoptive grandparent may request |
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possession of or access to a grandchild by filing: |
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(1) an original suit; or |
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(2) a suit for modification as provided by Chapter |
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156. |
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(b) A grandparent may request possession of or access to a |
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grandchild in a suit filed for the sole purpose of requesting the |
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relief, without regard to whether the appointment of a managing |
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conservator is an issue in the suit. |
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Section 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. The |
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court shall order reasonable possession of or access to a |
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grandchild by a grandparent if: |
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(1) at the time the relief is requested, at least one |
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biological or adoptive parent of the child has not had that parent's |
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parental rights terminated; |
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(2) the grandparent requesting possession of or access |
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to the child overcomes the presumption that a parent acts in the |
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best interest of the parent's child by proving by a preponderance of |
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the evidence that denial of possession of or access to the child |
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would significantly impair the child's physical health or emotional |
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well-being; and |
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(3) the grandparent requesting possession of or access |
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to the child is a parent of a parent of the child and that parent of |
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the child: |
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(A) has been incarcerated in jail or prison |
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during the three-month period preceding the filing of the petition; |
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(B) has been found by a court to be incompetent; |
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(C) is dead; or |
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(D) does not have actual or court-ordered |
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possession of or access to the child. |
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SECTION 2. This Act takes effect September 1, 2007. |