85R12754 KSD-D     By: Elkins H.B. No. 4174       A BILL TO BE ENTITLED   AN ACT   relating to the limitation on the right of a child's grandparent to   request possession of or access to the child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 153.434, Family Code, is amended to read   as follows:          Sec. 153.434.  LIMITATION ON RIGHT TO REQUEST POSSESSION OR   ACCESS.  A biological or adoptive grandparent may not request   possession of or access to a grandchild if:                (1)  each of the biological parents of the grandchild   has:                      (A)  died;                      (B)  had the person's parental rights terminated;   or                      (C)  executed an affidavit of waiver of interest   in child or an affidavit of relinquishment of parental rights under   Chapter 161 and the affidavit designates the Department of Family   and Protective Services, a licensed child-placing agency, or a   person other than the child's stepparent as the managing   conservator of the child; and                (2)  the grandchild has been adopted, or is the subject   of a pending suit for adoption, by a person other than:                      (A)  the child's stepparent; or                      (B)  a relative of the grandparent related within   the third degree by consanguinity.          SECTION 2.  The change in law made by this Act applies only   to a suit affecting the parent-child relationship filed on or after   the effective date of this Act. A suit filed before that date is   governed by the law in effect on the date the suit was filed, and the   former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2017.