|
|
|
|
By: Dutton (Senate Sponsor - Hughes) |
H.B. No. 1854 |
|
(In the Senate - Received from the House April 23, 2019; |
|
April 24, 2019, read first time and referred to Committee on State |
|
Affairs; April 29, 2019, reported favorably by the following vote: |
|
Yeas 8, Nays 0; April 29, 2019, sent to printer.) |
Click here to see the committee vote |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to loss of continuing, exclusive jurisdiction of a court |
|
in certain suits affecting the parent-child relationship. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 155.004(a), Family Code, is amended to |
|
read as follows: |
|
(a) A court of this state loses its continuing, exclusive |
|
jurisdiction to modify its order if: |
|
(1) an order of adoption is rendered by another [after
|
|
the] court in an original suit filed as described by Section |
|
103.001(b) [acquires continuing, exclusive jurisdiction of the
|
|
suit]; |
|
(2) the parents of the child have remarried each other |
|
after the dissolution of a previous marriage between them and file a |
|
suit for the dissolution of their subsequent marriage combined with |
|
a suit affecting the parent-child relationship as if there had not |
|
been a prior court with continuing, exclusive jurisdiction over the |
|
child; or |
|
(3) another court assumed jurisdiction over a suit and |
|
rendered a final order based on incorrect information received from |
|
the vital statistics unit that there was no court of continuing, |
|
exclusive jurisdiction. |
|
SECTION 2. (a) The change in law made by this Act applies |
|
only to an order of adoption rendered on or after the effective date |
|
of this Act. |
|
(b) Notwithstanding Subsection (a) of this section, an |
|
order of adoption rendered in a suit filed as described by Section |
|
103.001(b), Family Code, on or after September 1, 2015, but before |
|
the effective date of this Act by a court that had jurisdiction |
|
under that section to render the order of adoption regardless of |
|
whether another court had continuing, exclusive jurisdiction under |
|
Chapter 155, Family Code, is a final order and is not subject to an |
|
appeal on the basis that the court rendering the order of adoption |
|
did not have continuing, exclusive jurisdiction at the time the |
|
adoption order was rendered. |
|
SECTION 3. This Act takes effect September 1, 2019. |
|
|
|
* * * * * |