H.B. No. 270




AN ACT
relating to court-ordered access to a child by the child's sibling. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 102, Family Code, is amended by adding Section 102.0045 to read as follows: Sec. 102.0045. STANDING FOR SIBLING. (a) The sibling of a child may file an original suit requesting access to the child as provided by Section 153.551 if the sibling is at least 18 years of age. (b) Access to a child by a sibling of the child is governed by the standards established by Subchapter J, Chapter 153. SECTION 2. Chapter 153, Family Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. RIGHTS OF SIBLINGS
Sec. 153.551. SUIT FOR ACCESS. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (1) an original suit; or (2) a suit for modification as provided by Chapter 156. (b) The sibling of a child may request access to the child in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. Sec. 153.552. ACCESS TO SIBLING. The court shall order reasonable access to a child by the child's sibling if the court finds that access is in the best interest of the child. SECTION 3. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 270 was passed by the House on May 10, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 270 was passed by the Senate on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor