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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures in suits affecting the parent-child |
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relationship involving the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.014(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person may appeal from an interlocutory order of a |
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district court, county court at law, statutory probate court, or |
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county court that: |
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(1) appoints a receiver or trustee; |
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(2) overrules a motion to vacate an order that |
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appoints a receiver or trustee; |
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(3) certifies or refuses to certify a class in a suit |
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brought under Rule 42 of the Texas Rules of Civil Procedure; |
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(4) grants or refuses a temporary injunction or grants |
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or overrules a motion to dissolve a temporary injunction as |
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provided by Chapter 65; |
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(5) denies a motion for summary judgment that is based |
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on an assertion of immunity by an individual who is an officer or |
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employee of the state or a political subdivision of the state; |
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(6) denies a motion for summary judgment that is based |
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in whole or in part upon a claim against or defense by a member of |
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the electronic or print media, acting in such capacity, or a person |
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whose communication appears in or is published by the electronic or |
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print media, arising under the free speech or free press clause of |
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the First Amendment to the United States Constitution, or Article |
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I, Section 8, of the Texas Constitution, or Chapter 73; |
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(7) grants or denies the special appearance of a |
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defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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in a suit brought under the Family Code; |
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(8) grants or denies a plea to the jurisdiction by a |
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governmental unit as that term is defined in Section 101.001; |
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(9) denies all or part of the relief sought by a motion |
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under Section 74.351(b), except that an appeal may not be taken from |
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an order granting an extension under Section 74.351; |
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(10) grants relief sought by a motion under Section |
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74.351(l); |
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(11) denies a motion to dismiss filed under Section |
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90.007; |
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(12) denies a motion to dismiss filed under Section |
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27.003; |
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(13) denies a motion for summary judgment filed by an |
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electric utility regarding liability in a suit subject to Section |
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75.0022; [or] |
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(14) denies a motion filed by a municipality with a |
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population of 500,000 or more in an action filed under Section |
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54.012(6) or 214.0012, Local Government Code; or |
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(15) affects rights and duties of a parent in a suit |
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filed by the Department of Family and Protective Services under |
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Chapter 262, Family Code. |
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SECTION 2. Section 105.001(e), Family Code, is amended to |
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read as follows: |
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(e) Except as provided by Section 51.014(a)(15), Civil |
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Practice and Remedies Code, temporary [Temporary] orders rendered |
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under this section are not subject to interlocutory appeal. |
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SECTION 3. Section 109.001(c), Family Code, is amended to |
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read as follows: |
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(c) Except as provided by Section 51.014(a)(15), Civil |
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Practice and Remedies Code, a [A] temporary order rendered under |
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this section is not subject to interlocutory appeal. |
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SECTION 4. Section 201.204(a), Family Code, is amended to |
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read as follows: |
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(a) On the motion of a party or the associate judge, an |
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associate judge shall [may] refer any [a complex] case back to the |
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referring court [for final disposition after recommending |
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temporary orders for the protection of a child]. |
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SECTION 5. Section 262.206, Family Code, as added by |
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Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular |
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Session, 2017, is reenacted and amended to read as follows: |
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Sec. 262.206. EX PARTE HEARINGS [PROHIBITED]. (a) Unless |
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otherwise authorized by this chapter or other law, a hearing held by |
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a court in a suit under this chapter may not be ex parte. |
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(b) If the court holds an authorized ex parte hearing in a |
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suit under this chapter, the court shall provide a court reporter |
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to: |
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(1) transcribe the hearing, including all testimony |
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provided during the hearing, all objections, the court's ruling on |
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each objection and any explanation relating to the objection, and |
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exceptions to the rulings; |
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(2) provide a copy of the hearing transcript to the |
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court; and |
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(3) maintain the hearing transcript until the third |
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anniversary of the date of the hearing. |
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(c) A transcript produced under Subsection (b) is a document |
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that contains matters relevant to the subject matter of the action |
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for purposes of Rule 192.3, Texas Rules of Civil Procedure. |
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SECTION 6. The changes in law made by this Act apply only to |
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a suit filed by the Department of Family and Protective Services on |
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or after the effective date of this Act. A suit filed by the |
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department before that date is governed by the law in effect on the |
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date the suit was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |