85R2355 KJE-D     By: Dutton H.B. No. 3806       A BILL TO BE ENTITLED   AN ACT   relating to a suit for possession of or access to a child by a   grandparent.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  Section 153.433, Family Code, is amended to read   as follows:          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   well-being[; and                [(3)     the grandparent requesting possession of or   access to the child is a parent of a parent of the child and that   parent of the child:                      [(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;                      [(C)  is dead; or                      [(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,   with specificity, that:                (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   well-being[; and                [(3)     the grandparent requesting possession of or   access to the child is a parent of a parent of the child and that   parent of the child:                      [(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;                      [(C)  is dead; or                      [(D)     does not have actual or court-ordered   possession of or access to the child].          SECTION 3.  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   that date.          SECTION 4.  This Act takes effect September 1, 2017.