Bill Text: TX HB4174 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the limitation on the right of a child's grandparent to request possession of or access to the child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-19 - Left pending in committee [HB4174 Detail]
Download: Texas-2017-HB4174-Introduced.html
85R12754 KSD-D | ||
By: Elkins | H.B. No. 4174 |
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relating to the limitation on the right of a child's grandparent to | ||
request possession of or access to the child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 153.434, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR | ||
ACCESS. A biological or adoptive grandparent may not request | ||
possession of or access to a grandchild if: | ||
(1) each of the biological parents of the grandchild | ||
has: | ||
(A) died; | ||
(B) had the person's parental rights terminated; | ||
or | ||
(C) executed an affidavit of waiver of interest | ||
in child or an affidavit of relinquishment of parental rights under | ||
Chapter 161 and the affidavit designates the Department of Family | ||
and Protective Services, a licensed child-placing agency, or a | ||
person other than the child's stepparent as the managing | ||
conservator of the child; and | ||
(2) the grandchild has been adopted, or is the subject | ||
of a pending suit for adoption, by a person other than: | ||
(A) the child's stepparent; or | ||
(B) a relative of the grandparent related within | ||
the third degree by consanguinity. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a suit affecting the parent-child relationship filed on or after | ||
the effective date of this Act. A suit filed before that date is | ||
governed by the law in effect on the date the suit was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |