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A BILL TO BE ENTITLED
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AN ACT
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relating to a suit for possession of or access to a child by a |
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grandparent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Part 2, Subchapter B, Chapter 107, Family Code, |
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is amended by adding Section 107.024 to read as follows: |
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Sec. 107.024. APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR |
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POSSESSION OR ACCESS BY GRANDPARENT. (a) In a suit filed under |
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Section 153.432 requesting possession of or access to a grandchild, |
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the court shall appoint a guardian ad litem for the grandchild at |
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the request of a grandparent who is a party to the suit. |
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(b) Notwithstanding Section 107.002(e), a guardian ad litem |
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appointed under this section shall submit to the court a report |
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regarding the guardian ad litem's recommendations relating to: |
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(1) the grandparent's possession of or access to the |
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grandchild in accordance with Section 153.433; and |
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(2) the bases for the guardian ad litem's |
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recommendations. |
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SECTION 2. Section 153.432, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) An affidavit submitted under Subsection (c) is not |
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required to contain expert opinion. |
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SECTION 3. Section 153.433, Family Code, is amended to read |
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as follows: |
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Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a) |
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The court may 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; and |
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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 |
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access to the child is a parent of a parent of the child and that |
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parent of 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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(a-1) To meet the burden of proof under Subsection (a)(2), a |
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grandparent requesting possession of or access to a grandchild is |
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not required to offer expert testimony. |
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(b) An order granting possession of or access to a child by a |
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grandparent that is rendered over a parent's objections must state, |
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with specificity, that: |
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(1) at the time the relief was requested, at least one |
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biological or adoptive parent of the child had not had that parent's |
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parental rights terminated; and |
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(2) the grandparent requesting possession of or access |
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to the child has overcome 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 the 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 |
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access to the child is a parent of a parent of the child and that |
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parent of 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 4. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or filed on or after |
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that date. |
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SECTION 5. This Act takes effect September 1, 2023. |