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78R7719 KSD-D
By: Bonnen H.B. No. 2265
A BILL TO BE ENTITLED
AN ACT
relating to the filing requirements in certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.105, Family Code, is amended to read
as follows:
Sec. 262.105. FILING PETITION AFTER TAKING POSSESSION OF
CHILD IN EMERGENCY. [(a)] When a child is taken into possession
without a court order, the person taking the child into possession,
without unnecessary delay, shall:
(1) file a suit affecting the parent-child
relationship;
(2) request the court to appoint an attorney ad litem
for the child; and
(3) request an initial hearing to be held by no later
than the first working day after the date the child is taken into
possession.
[(b) If the Department of Protective and Regulatory
Services files a suit affecting the parent-child relationship
required under Subsection (a)(1) seeking termination of the
parent-child relationship, the department shall file the suit not
later than the 45th day after the date the department assumes the
care, control, and custody of a child under Section 262.303.]
SECTION 2. The change in law made by this Act applies to a
child in the possession of the Department of Protective and
Regulatory Services on the effective date of this Act or taken into
possession by the department on or after that date.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.