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.