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78R5792 MCK-D

By:  Phillips                                                     H.B. No. 1690


A BILL TO BE ENTITLED
AN ACT
relating to the time in which a final order must be rendered in certain suits affecting the parent-child relationship. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 263.401, Family Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows: (c) If the court grants an extension but does not render a final order or dismiss the suit on or before the required date for dismissal under Subsection (b), the court for good cause may grant a second extension and retain the suit on the court's docket for a period not to exceed the 180th day after the required date for dismissal under Subsection (b)(1). If the court retains the suit on the court's docket, the court shall render an order in which the court: (1) schedules the new date for dismissal of the suit not later than the 180th day after the time described by Subsection (b)(1); (2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and (3) sets a final hearing on a date that allows the court to render a final order before the required date for dismissal of the suit under this subsection. (c-1) If the court grants a second extension but does not render a final order or dismiss the suit on or before the required date for dismissal under Subsection (c)(1), the court shall dismiss the suit. The court may not grant an additional extension that extends the suit beyond the required date for dismissal under Subsection (c)(1)[(b)]. SECTION 2. This Act takes effect September 1, 2003, and applies to a suit affecting the parent-child relationship filed by the Department of Protective and Regulatory Services that is pending in a trial court on or filed on or after that date.