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A BILL TO BE ENTITLED
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AN ACT
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Relating to the age qualification and extended jurisdiction over |
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one seeking a suit affecting parent child relationship order in |
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family court for purposes of obtaining special immigrant juvenile |
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status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 101 of the Texas Family Code is amended |
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to add Section 101.003(d) to read as follows: |
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Section 101.003. (d) In the context of one applying for |
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special immigrant juvenile status under Section 101(a)(27)(J) of |
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the Immigration and Nationality Act, "child" or "minor" means an |
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unmarried alien who is present in the United States, and who is |
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under age 21, and applying for a special immigrant juvenile visa |
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declaration. |
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SECTION 2. Chapter 102 of the Family Code is amended to add |
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Section 102.011(c) to read as follows: |
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Section 102.011. (c) The court has jurisdiction over a |
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person with respect to issues relating to the person's special |
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immigrant juvenile status if an application seeking special |
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immigrant juvenile status as defined by Section 101(a)(27)(J) of |
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the Immigration and Nationality Act has been filed with USCIS. |
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SECTION 3. Chapter 155 of the Family Code is amended to add |
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Section 155.006 to read as follows: |
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Sec. 155.006. EXTENDED JURISDICTION. (a) If an application |
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seeking special immigrant status as defined by 8 U.S.C. Section |
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1101(a)(27)(J) has been filed with the appropriate federal |
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authority on behalf of a child over whom the court has continuing, |
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exclusive jurisdiction, the court may extend the court 's |
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jurisdiction over the child after the child 's 18th birthday until |
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the earliest of: |
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(1) the child 's 21st birthday; |
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(2) the date the child is granted lawful permanent |
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resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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(b) The court 's jurisdiction under this section is limited to |
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issues relating to the child 's special immigrant status. |
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SECTION 4. Chapter 42 of the Human Resources Code is amended |
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to add Section 42.021(e)-(f) to read as follows: |
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Section 702.259. (e) The department will develop rules to |
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ensure that all cases categorized as Undetermined Immigration |
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Status in the Central Registry are assigned to caseworkers who have |
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experience preparing special immigrant juvenile status petitions |
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and legal permanent status petitions. |
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(f) Additionally, the department will develop rules to |
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direct caseworkers to stop seeking fee waivers for filing fees |
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associated with completing and filing legal permanent status |
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applications |
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SECTION 5. This Act takes effect September 1, 2013. |