HBA-TYH  H.B. 24 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 24
By: Goolsby
Juvenile Justice & Family Issues
2/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state law allows access to a grandchild by a grandparent under
Chapters 153 (Conservatorship, Possession, And Access) and 154 (Child
Support), Family Code.  However, many conditions need to be met before a
grandparent may petition a court of law for access to a grandchild. These
conditions do not account for situations when a grandparent wishes to
petition a court of law for access to a grandchild when the parents are
still married.  H.B. 24 proposes to allow a court of law to determine,
based on the facts presented before the court, whether or not access to a
child by a grandparent 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 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, as follows:

Sec. 153.433.  New Title: ACCESS TO GRANDCHILD.  Requires the court to
order reasonable access to a grandchild by a grandparent if access is in
the best interest of the child, except  as provided by Section 153.434
(Limitation on Right to Request Access).  Removes all other conditions
restricting granting grandparents' access to a grandchild.  Deletes
"possession of and" from existing title. 

SECTION 2.  Amends Section 153.434, Family Code, as follows:

Sec. 153.434. LIMITATION ON RIGHT TO REQUEST ACCESS.  Subdivides Subsection
(1) into Subdivisions (A) and (B).  Redesignates Subsection (2) to (1)(B)
and Subsection (3) to (2).  Makes a conforming change. 

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