tx-hb3971-mar2007

http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB03971I.HTM

By: Hughes

H.B. No. 3971

A BILL TO BE ENTITLED
AN ACT
relating to the rights of a grandparent, aunt or uncle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.431 Subchapter H. is amended to read
as follows:
Section 153.431. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE
AS MANAGING CONSERVATOR. If both of the parents of a child are
deceased, the court may consider appointment of a parent, sister,
or brother of a deceased parent as a managing conservator of the
child, but that consideration does not alter or diminish the
discretionary power of the court.
Section 153.432. SUIT FOR POSSESSION OR ACCESS BY
GRANDPARENT. (a) A biological or adoptive grandparent may request
possession of or access to a grandchild by filing:
(1) an original suit; or
(2) a suit for modification as provided by Chapter
156.
(b) A grandparent may request possession of or access to a
grandchild in a suit filed for the sole purpose of requesting the
relief, without regard to whether the appointment of a managing
conservator is an issue in the suit.
Section 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. The
court shall 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.
SECTION 2. This Act takes effect September 1, 2007.

This is a HB that is currently in the TX House, but I have yet to find anything that
is different from the current law. I do not know why it is a HB without any
changes being made. If you know please email me and tell me why. Thanks

http://www.legis.state.tx.us/Home.aspx

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