| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 5/25/2007 1:10:45 PM Home School Legal Defense Association Texas: Calls Needed to Restore Parental Rights |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== May 25, 2007 Dear HSLDA Members and Friends: We previously sent you an e-lert about HB 3971. This bill would restore parental rights by modifying the current law regarding grandparent's visitation rights in Texas. Under current Texas law, grandparents may sue for court-ordered visitation, even if the parents object to the visitation. This means that even if parents believe it would be best for their children to not see their grandparents, the grandparents could petition the court and force the parents to give the grandparents visitation. This law has been held unconstitutional by the Texas Supreme Court, and HB 3971 was introduced to bring the law back in line with the constitution, as well restore the rights of parents to direct the upbringing of their children. This bill will do several things: * Provide the court with discretion to determine a child's best interest by amending the command language of "shall" to the permissive language of "may"; * Require an allegation, with supporting facts, that denial of access to the child endangers the child's physical health or significantly impairs the child's emotional well-being; * Mandate an initial hearing to dismiss frivolous suits; and * Give long-term financial protection to families who are unconstitutionally sued by a grandparent. HB 3971 did not pass the House, but the author, Representative Bryan Hughes, was able to attach it as an amendment to SB 228. SB 228 passed the House with this amendment (and over 20 others). The author of SB 228, Senator Chris Harris, must now decide whether to make a motion to accept the House Amendments, or to send the bill to a conference committee. We want Sen. Harris to accept the amendments without the bill going to conference committee, where this amendment could be lost. We need you to call your senator to express your support for SB 228 with the House Amendments. Please also have your senator encourage Sen. Harris to accept the House Amendments on SB 228. It is especially important to call Sen. Harris if you are from his district, which is District 9 in the Dallas-Fort Worth area. REQUESTED ACTION Please call Sen. Harris (512-463-0109) and your state senator today and give them this message: "Please support SB 228 with the amendment as adopted by the House. This bill restores to parents the right to direct the upbringing of their children." You can also use some of the above points in your message. You can find information on your state senator by using our Legislative Toolbox at http://capwiz.com/hslda/state/main/?state=TX&view=myofficials Thank you for standing for the rights of parents. Sincerely, Christopher J. 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