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relating to procedures for a suit affecting the parent-child |
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relationship involving a child in the conservatorship of the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.006, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), if the parent-child relationship between the child and every |
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living parent of the child has been terminated, an original suit may |
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not be filed by: |
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(1) a former parent whose parent-child relationship |
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with the child has been terminated by court order; |
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(2) the father of the child; or |
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(3) a family member or relative by blood, adoption, or |
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marriage of either a former parent whose parent-child relationship |
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has been terminated or of the father of the child. |
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(c) The limitations on filing suit imposed by this section |
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do not apply to an adult sibling of the child, a grandparent of the |
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child, an aunt who is a sister of a parent of the child, or an uncle |
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who is a brother of a parent of the child if the adult sibling, |
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grandparent, aunt, or uncle files an original suit or a suit for |
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modification requesting managing conservatorship of the child not |
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later than the 90th day after the date the parent-child |
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relationship between the child and the parent is terminated in a |
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suit filed by the Department of Family and Protective Services |
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requesting the termination of the parent-child relationship. |
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SECTION 2. Sections 263.401(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) Unless the court has commenced the trial on the merits |
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[rendered a final order] or granted an extension under Subsection |
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(b), on the first Monday after the first anniversary of the date the |
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court rendered a temporary order appointing the department as |
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temporary managing conservator, the court shall dismiss the suit |
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affecting the parent-child relationship filed by the department |
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that requests termination of the parent-child relationship or |
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requests that the department be named conservator of the child. |
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(b) Unless the court has commenced the trial on the merits, |
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the [The] court may not retain the suit on the court's docket after |
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the time described by Subsection (a) unless the court finds that |
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extraordinary circumstances necessitate the child remaining in the |
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temporary managing conservatorship of the department and that |
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continuing the appointment of the department as temporary managing |
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conservator is in the best interest of the child. If the court |
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makes those findings, the court may retain the suit on the court's |
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docket for a period not to exceed 180 days after the time described |
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by Subsection (a). If the court retains the suit on the court's |
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docket, the court shall render an order in which the court: |
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(1) schedules the new date on which the suit will be |
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dismissed if the trial on the merits has not commenced, which date |
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must be [for dismissal of the suit] not later than the 180th day |
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after the time described by Subsection (a); |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits [a final hearing] on a |
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date not later than the date specified under Subdivision (1) [that
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allows the court to render a final order before the required date
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for dismissal of the suit under this subsection]. |
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(c) If the court grants an extension but does not commence |
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the trial on the merits [render a final order or dismiss the suit on
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or] before the required date for dismissal under Subsection (b), |
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the court shall dismiss the suit. The court may not grant an |
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additional extension that extends the suit beyond the required date |
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for dismissal under Subsection (b). |
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SECTION 3. Section 263.402(b), Family Code, is amended to |
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read as follows: |
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(b) A party to a suit under this chapter who fails to make a |
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timely motion to dismiss the suit [or to make a motion requesting
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the court to render a final order before the deadline for dismissal] |
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under this subchapter waives the right to object to the court's |
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failure to dismiss the suit. A motion to dismiss under this |
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subsection is timely if the motion is made before the [department
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has introduced all of the department's evidence, other than
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rebuttal evidence, at the] trial on the merits commences. |
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SECTION 4. Sections 263.403(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) If the court renders an order under this section, the |
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court shall: |
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(1) include in the order specific findings regarding |
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the grounds for the order; and |
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(2) schedule a new date, not later than the 180th day |
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after the date the temporary order is rendered, for dismissal of the |
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suit unless a trial on the merits has commenced. |
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(c) If a child placed with a parent under this section must |
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be moved from that home by the department before the dismissal of |
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the suit or the commencement of the trial on the merits [rendering
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of a final order], the court shall, at the time of the move, |
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schedule a new date for dismissal of the suit unless a trial on the |
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merits has commenced. The new dismissal date may not be later than |
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the original dismissal date established under Section 263.401 or |
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the 180th day after the date the child is moved under this |
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subsection, whichever date is later. |
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SECTION 5. Section 263.401(d), Family Code, is repealed. |
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SECTION 6. The changes in law made by this Act to Sections |
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263.401, 263.402, and 263.403, Family Code, apply only to a suit |
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affecting the parent-child relationship filed on or after the |
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effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect at the time the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1481 was passed by the House on May |
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11, 2007, by the following vote: Yeas 136, Nays 4, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1481 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1481 on May 27, 2007, by the following vote: Yeas 146, |
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Nays 2, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1481 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 30, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1481 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |