HB 2645

relating to a suit for possession of or access to a child by a
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Part 2, Subchapter B, Chapter 107, Family Code,
is amended by adding Section 107.024 to read as follows:
Sec. 107.024.  APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR
POSSESSION OR ACCESS BY GRANDPARENT.  (a)  In a suit filed under
Section 153.432 requesting possession of or access to a grandchild,
the court shall appoint a guardian ad litem for the grandchild at
the request of a grandparent who is a party to the suit.
(b)  Notwithstanding Section 107.002(e), a guardian ad litem
appointed under this section shall submit to the court a report
regarding the guardian ad litem's recommendations relating to:
(1)  the grandparent's possession of or access to the
grandchild in accordance with Section 153.433; and
(2)  the bases for the guardian ad litem's
SECTION 2.  Section 153.432, Family Code, is amended by
adding Subsection (d) to read as follows:
(d)  An affidavit submitted under Subsection (c) is not
required to contain expert opinion.
SECTION 3.  Section 153.433, Family Code, is amended to read
Sec. 153.433.  POSSESSION OF OR ACCESS TO GRANDCHILD.
(a)  The court may 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; and
(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
[(3)  the grandparent requesting possession of or
access to the child is a parent of a parent of the child and that
[(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;
[(D)  does not have actual or court-ordered
possession of or access to the child].
(a-1)  To meet the burden of proof under Subsection (a)(2), a
grandparent requesting possession of or access to a grandchild is
not required to offer expert testimony.
(b)  An order granting possession of or access to a child by a
grandparent that is rendered over a parent's objections must state,
(1)  at the time the relief was requested, at least one
biological or adoptive parent of the child had not had that parent's
parental rights terminated; and
(2)  the grandparent requesting possession of or access
to the child has overcome the presumption that a parent acts in the
best interest of the parent's child by proving by a preponderance of
the evidence that the denial of possession of or access to the child
would significantly impair the child's physical health or emotional
[(3)  the grandparent requesting possession of or
access to the child is a parent of a parent of the child and that
[(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;
[(D)  does not have actual or court-ordered
possession of or access to the child].
SECTION 4.  The change in law made by this Act applies to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or filed on or after
SECTION 5.  This Act takes effect September 1, 2025.