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	Amend HB 1012 by adding a new appropriately numbered SECTIONS 
to read as follows:
	SECTION ____.  Section 153.432, Family Code, is amended by 
adding a new Subsection (c) to read as follows:
	(c)  In a suit described by Subsection (a), the person filing 
the suit must execute and attach an affidavit on knowledge or belief 
that contains, along with supporting facts, the allegation that 
denial of possession of or access to the child by the petitioner 
would significantly impair the child's physical health or emotional 
well-being.  The court shall deny the relief sought and dismiss the 
suit, unless the court determines, on the basis of the affidavit, 
that the facts stated in the affidavit, if true, would be sufficient 
to support the relief authorized under Section 153.433.
	SECTION ____.  Section 153.433, Family Code, is amended to 
read as follows:  
	Sec. 153.433.  POSSESSION OF OR ACCESS TO GRANDCHILD.  (a)  
The court shall may 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;
		(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; and
		(3)  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)  has been found by a court to be incompetent;                            
			(C)  is dead; or                                                             
			(D)  does not have actual or court-ordered 
possession of or access to the child.
	(b)  An order granting possession of or access to a child by a 
grandparent that is rendered over a parent's objections must state, 
with specificity:
		(1)  that at the time the relief was requested, at least 
one biological or adoptive parent of the child had not had that 
parent's parental rights terminated;
		(2)  the evidence that supports the conclusion that the 
grandparent requesting possession of or access to the child has 
overcome the presumption that a parent acts in the best interest of 
the parent's child;
		(3)  the evidence that supports the conclusion that the 
denial of possession of or access to the child would significantly 
impair the child's physical health or emotional well-being; and
		(4)  that 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)  has been found by a court to be incompetent;                     
			(C)  is dead; or                                                      
			(D)  does not have actual or court-ordered 
possession of or access to the child.