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A BILL TO BE ENTITLED
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AN ACT
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relating to jurisdiction in a suit for adoption of a child and the |
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mandatory transfer of certain suits affecting the parent-child |
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relationship to the court in which a suit for adoption is pending. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.008(b), Family Code, is amended to |
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read as follows: |
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(b) The petition must include: |
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(1) a statement that: |
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(A) the court in which the petition is filed has |
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continuing, exclusive jurisdiction or that no court has continuing |
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jurisdiction of the suit; or |
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(B) in a suit in which adoption of a child is |
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requested, the court in which the petition is filed has |
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jurisdiction of the suit under Section 103.001(b); |
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(2) the name and date of birth of the child, except |
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that if adoption of a child is requested, the name of the child may |
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be omitted; |
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(3) the full name of the petitioner and the |
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petitioner's relationship to the child or the fact that no |
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relationship exists; |
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(4) the names of the parents, except in a suit in which |
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adoption is requested; |
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(5) the name of the managing conservator, if any, or |
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the child's custodian, if any, appointed by order of a court of |
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another state or country; |
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(6) the names of the guardians of the person and estate |
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of the child, if any; |
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(7) the names of possessory conservators or other |
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persons, if any, having possession of or access to the child under |
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an order of the court; |
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(8) the name of an alleged father of the child or a |
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statement that the identity of the father of the child is unknown; |
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(9) a full description and statement of value of all |
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property owned or possessed by the child; |
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(10) a statement describing what action the court is |
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requested to take concerning the child and the statutory grounds on |
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which the request is made; |
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(11) a statement as to whether, in regard to a party to |
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the suit or a child of a party to the suit: |
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(A) there is in effect: |
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(i) a protective order under Title 4; |
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(ii) a protective order under Chapter 7A, |
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Code of Criminal Procedure; or |
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(iii) an order for emergency protection |
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under Article 17.292, Code of Criminal Procedure; or |
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(B) an application for an order described by |
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Paragraph (A) is pending; and |
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(12) any other information required by this title. |
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SECTION 2. Section 103.001(b), Family Code, is amended to |
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read as follows: |
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(b) A suit in which adoption is requested may be filed in the |
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county where the child resides or in the county where the |
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petitioners reside, regardless of whether another court has |
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continuing exclusive jurisdiction under Chapter 155. Except as |
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provided by Section 155.201, a [A] court that has continuing |
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exclusive jurisdiction is not required to transfer the suit |
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affecting the parent-child relationship to the court in which the |
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adoption suit is filed. |
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SECTION 3. Section 155.201, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) On the filing of a motion showing that a suit for |
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dissolution of the marriage of the child's parents has been filed in |
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another court and requesting a transfer to that court, the court |
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having continuing, exclusive jurisdiction of a suit affecting the |
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parent-child relationship shall, within the time required by |
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Section 155.204, transfer the proceedings to the court in which the |
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dissolution of the marriage is pending. |
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(a-1) On the filing of a motion showing that a suit in which |
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adoption of a child is requested has been filed in another court |
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located in the county in which the child resides as provided by |
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Section 103.001 and requesting a transfer to that court, the court |
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having continuing, exclusive jurisdiction of a suit affecting the |
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parent-child relationship with regard to that child shall, within |
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the time required by Section 155.204, transfer the proceedings to |
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the court in which the suit for adoption is pending. |
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(a-2) A [The] motion described by Subsection (a) or (a-1) |
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must comply with the requirements of Section 155.204(a). |
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SECTION 4. Section 155.204(a), Family Code, is amended to |
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read as follows: |
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(a) A motion to transfer under Section 155.201(a) or (a-1) |
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may be filed at any time. The motion must contain a certification |
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that all other parties, including the attorney general, if |
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applicable, have been informed of the filing of the motion. |
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SECTION 5. Section 102.008(b), Family Code, as amended by |
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this Act, applies to a petition in a suit affecting the parent-child |
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relationship filed on or after the effective date of this Act. A |
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petition filed before the effective date of this Act is governed by |
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the law in effect on the date the petition was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 6. The changes in law made by this Act to Sections |
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103.001, 155.201, and 155.204, Family Code, apply to a motion to |
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transfer a suit affecting the parent-child relationship filed on or |
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after the effective date of this Act. A motion to transfer a suit |
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affecting the parent-child relationship filed before the effective |
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date of this Act is governed by the law in effect on the date that |
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motion was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |