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A BILL TO BE ENTITLED
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AN ACT
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relating to the limitation on the right of a child's grandparent to |
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request possession of or access to the child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.434, Family Code, is amended to read |
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as follows: |
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Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR |
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ACCESS. A biological or adoptive grandparent may not request |
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possession of or access to a grandchild if: |
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(1) each of the biological parents of the grandchild |
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has: |
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(A) died; |
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(B) had the person's parental rights terminated; |
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or |
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(C) executed an affidavit of waiver of interest |
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in child or an affidavit of relinquishment of parental rights under |
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Chapter 161 and the affidavit designates the Department of Family |
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and Protective Services, a licensed child-placing agency, or a |
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person other than the child's stepparent as the managing |
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conservator of the child; and |
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(2) the grandchild has been adopted, or is the subject |
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of a pending suit for adoption, by a person other than: |
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(A) the child's stepparent; or |
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(B) a relative of the grandparent related within |
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the third degree by consanguinity. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit filed before that date is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |