HBA-SEB H.B. 1338 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1338
By: Uresti
Juvenile Justice and Family Issues
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a grandparent is authorized to have access to a
grandchild, but specific conditions must be met in order for a court to
order a grandparent's access to a grandchild.  H.B. 1338 deletes most of
those conditions, requiring the court to order access to a grandchild by a
grandparent if at least one parent of the child has not had that parent's
parental rights terminated and if access is in the best interest of the
child.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.433, Family Code, to delete an existing list
of facts, at least one of which a grandparent filing a petition for access
to a grandchild must satisfy in order for a court to be required to order
reasonable access to the grandchild by the grandparent.  The deleted
circumstances under which the court is required to order access to the
child include incarceration of the child's parent, separation or divorce of
the child's parents, child abuse or neglect by the child's parent, the
child's delinquent behavior, termination of the parent-child relationship,
or the child's residence within the past two years with the grandparent. 

SECTION 2.  Amends Section 153.434, Family Code, to create Paragraphs (A)
and (B) from existing text.  Redesignates Subdivision (3) to (2).  Makes a
conforming change. 

SECTION 3.  Emergency clause.
  Effective date:  upon passage.