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AN ACT
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relating to the transfer of certain suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 155.201, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) On receiving notice that a court exercising |
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jurisdiction under Chapter 262 has ordered the transfer of a suit |
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under Section 262.203(a)(2), the court of continuing, exclusive |
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jurisdiction shall, pursuant to the requirements of Section |
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155.204(i), transfer the proceedings to the court in which the suit |
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under Chapter 262 is pending, within the time required by |
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Subsection 155.207(a). |
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SECTION 2. Section 155.204(i), Family Code, is amended to |
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read as follows: |
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(i) If a transfer order has been signed by a court |
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exercising jurisdiction under Chapter 262, the Department of Family |
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and Protective Services shall [a party may] file the transfer order |
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with the clerk of the court of continuing, exclusive jurisdiction. |
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On receipt and without a hearing or further order from the court of |
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continuing, exclusive jurisdiction, the clerk of the court of |
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continuing, exclusive jurisdiction shall transfer the files as |
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provided by this subchapter within the time required by Subsection |
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155.207(a). |
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SECTION 3. Section 262.203(a), Family Code, is amended to |
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read as follows: |
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(a) On the motion of a party or the court's own motion, if |
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applicable, the court that rendered the temporary order shall in |
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accordance with procedures provided by Chapter 155: |
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(1) transfer the suit to the court of continuing, |
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exclusive jurisdiction, if any, within the time required by |
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Subsection 155.207(a), if the court finds that the transfer is: |
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(A) necessary for the convenience of the parties; |
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and |
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(B) in the best interest of the child; |
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(2) [if grounds exist for mandatory transfer from the
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court of continuing, exclusive jurisdiction under Section
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155.201,] order transfer of the suit from the [that] court of |
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continuing, exclusive jurisdiction; or |
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(3) if grounds exist for transfer based on improper |
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venue, order transfer of the suit to the court having venue of the |
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suit under Chapter 103. |
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SECTION 4. The changes in law made by this Act apply to a |
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suit 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 on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect only if a specific |
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appropriation for the implementation of the Act is provided in a |
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general appropriations act of the 85th Legislature. |
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SECTION 6. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 738 passed the Senate on |
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April 27, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 738 passed the House on |
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May 24, 2017, by the following vote: Yeas 146, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |