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AN ACT
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relating to loss of continuing, exclusive jurisdiction of a court |
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in certain suits affecting the 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 155.004(a), Family Code, is amended to |
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read as follows: |
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(a) A court of this state loses its continuing, exclusive |
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jurisdiction to modify its order if: |
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(1) an order of adoption is rendered by another [after
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the] court in an original suit filed as described by Section |
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103.001(b) [acquires continuing, exclusive jurisdiction of the
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suit]; |
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(2) the parents of the child have remarried each other |
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after the dissolution of a previous marriage between them and file a |
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suit for the dissolution of their subsequent marriage combined with |
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a suit affecting the parent-child relationship as if there had not |
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been a prior court with continuing, exclusive jurisdiction over the |
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child; or |
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(3) another court assumed jurisdiction over a suit and |
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rendered a final order based on incorrect information received from |
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the vital statistics unit that there was no court of continuing, |
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exclusive jurisdiction. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an order of adoption rendered on or after the effective date |
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of this Act. |
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(b) Notwithstanding Subsection (a) of this section, an |
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order of adoption rendered in a suit filed as described by Section |
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103.001(b), Family Code, on or after September 1, 2015, but before |
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the effective date of this Act by a court that had jurisdiction |
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under that section to render the order of adoption regardless of |
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whether another court had continuing, exclusive jurisdiction under |
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Chapter 155, Family Code, is a final order and is not subject to an |
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appeal on the basis that the court rendering the order of adoption |
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did not have continuing, exclusive jurisdiction at the time the |
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adoption order was rendered. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1854 was passed by the House on April |
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17, 2019, by the following vote: Yeas 139, Nays 0, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1854 was passed by the Senate on May |
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10, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |