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A BILL TO BE ENTITLED
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AN ACT
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relating to the mandatory dismissal of certain suits affecting the |
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parent-child relationship involving the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.401, Family Code, is amended to read |
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as follows: |
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Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; |
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EXTENSION. (a) Unless the court has commenced the trial on the |
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merits or granted an extension under Subsection (b) or (b-1), on the |
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first Monday after the first anniversary of the date the court |
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rendered a temporary order appointing the department as temporary |
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managing conservator, the court's jurisdiction over [court shall
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dismiss] the suit affecting the parent-child relationship filed by |
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the department that requests termination of the parent-child |
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relationship or requests that the department be named conservator |
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of the child is terminated and the suit is automatically dismissed |
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without a court order. |
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(b) Unless the court has commenced the trial on the merits, |
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the court may not retain the suit on the court's docket after the |
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time described by Subsection (a) unless the court finds that |
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extraordinary circumstances necessitate the child remaining in the |
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temporary managing conservatorship of the department and that |
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continuing the appointment of the department as temporary managing |
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conservator is in the best interest of the child. If the court |
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makes those findings, the court may retain the suit on the court's |
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docket for a period not to exceed 180 days after the time described |
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by Subsection (a). If the court retains the suit on the court's |
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docket, the court shall render an order in which the court: |
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(1) schedules the new date on which the suit will be |
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automatically dismissed if the trial on the merits has not |
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commenced, which date must be not later than the 180th day after the |
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time described by Subsection (a); |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits on a date not later |
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than the date specified under Subdivision (1). |
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(b-1) If, after commencement of the initial trial on the |
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merits within the time required by Subsection (a) or (b), the court |
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grants a motion for a new trial or mistrial, or the case is remanded |
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to the court by an appellate court following an appeal of the |
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court's final order, the court shall retain the suit on the court's |
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docket and render an order in which the court: |
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(1) schedules a new date on which the suit will be |
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automatically dismissed if the new trial has not commenced, which |
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must be a date not later than the 180th day after the date on which: |
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(A) the motion for a new trial or mistrial is |
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granted; or |
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(B) the appellate court remanded the case; |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the new trial on the merits for a date not |
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later than the date specified under Subdivision (1). |
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(c) If the court grants an extension under Subsection (b) or |
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(b-1) but does not commence the trial on the merits before the |
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dismissal date, the court's jurisdiction over [court shall dismiss] |
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the suit is terminated and the suit is automatically dismissed |
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without a court order. The court may not grant an additional |
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extension that extends the suit beyond the required date for |
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dismissal under Subsection (b) or (b-1), as applicable. |
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SECTION 2. The changes in law made by this Act to Section |
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263.401, Family Code, apply only to a suit affecting the |
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parent-child relationship filed on or after the effective date of |
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this Act. A suit affecting the parent-child relationship filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |