88R3025 MLH-D
 
  By: Dutton H.B. No. 956
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a suit for possession of or access to a child by a
  grandparent.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Part 2, Subchapter B, Chapter 107, Family Code,
  is amended by adding Section 107.024 to read as follows:
         Sec. 107.024.  APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR
  POSSESSION OR ACCESS BY GRANDPARENT. (a)  In a suit filed under
  Section 153.432 requesting possession of or access to a grandchild,
  the court shall appoint a guardian ad litem for the grandchild at
  the request of a grandparent who is a party to the suit.
         (b)  Notwithstanding Section 107.002(e), a guardian ad litem
  appointed under this section shall submit to the court a report
  regarding the guardian ad litem's recommendations relating to:
               (1)  the grandparent's possession of or access to the
  grandchild in accordance with Section 153.433; and
               (2)  the bases for the guardian ad litem's
  recommendations.
         SECTION 2.  Section 153.432, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  An affidavit submitted under Subsection (c) is not
  required to contain expert opinion.
         SECTION 3.  Section 153.433, Family Code, is amended to read
  as follows:
         Sec. 153.433.  POSSESSION OF OR ACCESS TO GRANDCHILD. (a)
  The court 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; 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[; 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].
         (a-1)  To meet the burden of proof under Subsection (a)(2), a
  grandparent requesting possession of or access to a grandchild is
  not required to offer expert testimony.
         (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, that:
               (1)  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; and
               (2)  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 by proving by a preponderance of
  the evidence that the 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].
         SECTION 4.  The change in law made by this Act applies to a
  suit affecting the parent-child relationship that is pending in a
  trial court on the effective date of this Act or filed on or after
  that date.
         SECTION 5.  This Act takes effect September 1, 2023.