85R11873 TYPED
 
  By: Hughes S.B. No. 1415
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  Relating to certain procedures in suits affecting the parent-child
  relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 105.002, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  In a suit affecting the parent-child relationship in
  which the Department of Family and Protective Services seeks
  termination of the parent-child relationship, the court may not
  issue broad-form questions to the jury on the issue of whether to
  terminate the parent-child relationship. The court shall instruct
  the jury to find from the evidence whether the grounds for
  termination of the parent-child relationship alleged in the
  petition are true. If the petition alleges more than one ground for
  termination, the jury shall indicate in the verdict which grounds
  are sustained by the evidence and which are not sustained. To the
  extent that this subsection conflicts with the Texas Rules of Civil
  Procedure, this subsection controls. Notwithstanding Section
  22.004, Government Code, the supreme court may not amend or adopt
  rules in conflict with this subsection.
         SECTION 2.  Section 154.001, Family Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  In a suit filed by the Department of Family and
  Protective Services to be named managing conservator of a child,
  the court may not order a parent of the child to make periodic
  payments for the support of the child while the suit is pending,
  except as provided by this section. [The court may order either or
  both parents to make periodic payments for the support of a child in
  a proceeding in which the Department of Protective and Regulatory
  Services is named temporary managing conservator.]
         (b-1)  In a proceeding in which a court renders a final order
  appointing the Department of Family and Protective [and Regulatory]
  Services as [is named permanent] managing conservator of a child
  whose parents' rights have not been terminated, the court shall
  order each parent that is financially able to make periodic
  payments for the support of the child.
         SECTION 3.  Subchapter B, Chapter 161, Family Code, is
  amended by adding Section 161.1011 to read as follows:
         Sec. 161.1011.  FILING REQUIREMENT FOR PETITION RELATING TO
  MORE THAN ONE CHILD. (a) Before filing a petition for the
  termination of the parent-child relationship relating to more than
  one child, the Department of Family and Protective Services must
  determine whether any court has continuing, exclusive jurisdiction
  of a child named in the petition. If a court is determined to have
  continuing, exclusive jurisdiction of a child named in the
  petition, the department shall file the petition in that court.
         (b)  If more than one court has continuing, exclusive
  jurisdiction of a child named in the petition, the department shall
  file the petition in the court that has most recently exercised
  continuing, exclusive jurisdiction of a child named in the
  petition.
         SECTION 4.  Section 161.206, Family Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In a suit filed by the Department of Family and
  Protective Services seeking termination of the parent-child
  relationship for both parents of the child, the court may order
  termination of the parent-child relationship for both parents only
  if the court finds by clear and convincing evidence grounds for the
  termination of the parent-child relationship for each parent. An
  order rendered under this subsection must state the grounds for
  terminating the parent-child relationship for each parent.
         SECTION 5.  Section 262.201, Family Code, is amended by
  adding Subsection (a-5) to read as follows:
         (a-5)  If a parent who is not indigent appears in opposition
  to the suit, the court may, for good cause shown, postpone the full
  adversary hearing for not more than seven days from the date of the
  parent's appearance to allow the parent to hire an attorney or to
  provide the parent's attorney time to respond to the petition and
  prepare for the hearing. A postponement under this subsection is
  subject to the limits and requirements prescribed by Subsection
  (a-3).
         SECTION 6.  Subchapter C, Chapter 262, Family Code, is
  amended by adding Section 262.206 to read as follows:
         Sec. 262.206.  EX PARTE HEARINGS PROHIBITED. Unless
  otherwise authorized by law, a hearing held by a court in a suit
  under this chapter may not be ex parte.
         SECTION 7.  Section 263.401, Family Code, is amended to read
  as follows:
         Sec. 263.401.  DISMISSAL AFTER ONE YEAR; NEW TRIALS;
  EXTENSION. (a) Unless the court has commenced the trial on the
  merits or granted an extension under Subsection (b) or (b-1), on the
  first Monday after the first anniversary of the date the court
  rendered a temporary order appointing the department as temporary
  managing conservator, the court's jurisdiction over [court shall
  dismiss] the suit affecting the parent-child relationship filed by
  the department that requests termination of the parent-child
  relationship or requests that the department be named conservator
  of the child is terminated and the suit is automatically dismissed
  without a court order.
         (b)  Unless the court has commenced the trial on the merits,
  the court may not retain the suit on the court's docket after the
  time described by Subsection (a) unless the court finds that
  extraordinary circumstances necessitate the child remaining in the
  temporary managing conservatorship of the department and that
  continuing the appointment of the department as temporary managing
  conservator is in the best interest of the child. If the court makes
  those findings, the court may retain the suit on the court's docket
  for a period not to exceed 180 days after the time described by
  Subsection (a). If the court retains the suit on the court's docket,
  the court shall render an order in which the court:
               (1)  schedules the new date on which the suit will be
  automatically dismissed if the trial on the merits has not
  commenced, which date must be not later than the 180th day after the
  time described by Subsection (a);
               (2)  makes further temporary orders for the safety and
  welfare of the child as necessary to avoid further delay in
  resolving the suit; and
               (3)  sets the trial on the merits on a date not later
  than the date specified under Subdivision (1).
         (b-1)  If, after commencement of the initial trial on the
  merits within the time required by Subsection (a) or (b), the court
  grants a motion for a new trial or mistrial, or the case is remanded
  to the court by an appellate court following an appeal of the
  court's final order, the court shall retain the suit on the court's
  docket and render an order in which the court:
               (1)  schedules a new date on which the suit will be
  automatically dismissed if the new trial has not commenced, which
  must be a date not later than the 180th day after the date on which:
                     (A)  the motion for a new trial or mistrial is
  granted; or
                     (B)  the appellate court remanded the case;
               (2)  makes further temporary orders for the safety and
  welfare of the child as necessary to avoid further delay in
  resolving the suit; and
               (3)  sets the new trial on the merits for a date not
  later than the date specified under Subdivision (1).
         (c)  If the court grants an extension under Subsection (b) or
  (b-1) but does not commence the trial on the merits before the
  dismissal date, the court's jurisdiction over [court shall dismiss]
  the suit is terminated and the suit is automatically dismissed
  without a court order. The court may not grant an additional
  extension that extends the suit beyond the required date for
  dismissal under Subsection (b) or (b-1), as applicable.
         SECTION 8.  The changes in law made by this Act apply only to
  a suit affecting the parent-child relationship filed on or after
  the effective date of this Act. A suit filed before that date is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2017.