By: Nelson  S.B. No. 429
         (In the Senate - Filed February 7, 2013; February 13, 2013,
  read first time and referred to Committee on Health and Human
  Services; February 26, 2013, reported favorably by the following
  vote:  Yeas 9, Nays 0; February 26, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the dismissal or nonsuit of a suit to terminate the
  parent-child relationship filed by a governmental entity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.203, Family Code, is amended to read
  as follows:
         Sec. 161.203.  DISMISSAL OF PETITION.  (a)  A suit to
  terminate may not be dismissed nor may a nonsuit be taken unless the
  dismissal or nonsuit is approved by the court. The dismissal or
  nonsuit approved by the court is without prejudice.
         (b)  Before approving a dismissal or nonsuit of a suit filed
  by a governmental entity to terminate the parent-child
  relationship, the court must consider:
               (1)  whether any child support, visitation, or other
  orders affecting the child continue in effect after the dismissal;
  and
               (2)  whether the dismissal is in the best interest of
  each child affected by the suit.
         (c)  The court shall ensure that a final order dismissing a
  suit filed by a governmental entity to terminate the parent-child
  relationship includes appropriate orders for continued child
  support, visitation, or other orders the court determines are
  necessary and in the best interest of the child.
         SECTION 2.  Subsections (b) and (c), Section 161.203, Family
  Code, as added by this Act, apply only to a motion for the dismissal
  or nonsuit of a suit to terminate the parent-child relationship
  that is made on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2013.
 
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