88R2748 MM-D
 
  By: Hinojosa H.B. No. 1045
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the dismissal of certain suits affecting
  the parent-child relationship involving the Department of Family
  and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 263, Family Code, is
  amended by adding Section 263.4012 to read as follows:
         Sec. 263.4012.  PROHIBITING DISMISSAL WHEN CHILD IS MISSING.
  Notwithstanding Section 263.401, the court shall retain
  jurisdiction and may not dismiss the suit as required by that
  section if the court finds the child is missing from the child's
  substitute care provider.
         SECTION 2.  Section 263.501(g), Family Code, is amended to
  read as follows:
         (g)  Unless the child is adopted or permanent managing
  conservatorship of the child is awarded to an individual other than
  the department, a [A] court required to conduct permanency hearings
  for a child for whom the department has been appointed permanent
  managing conservator may not dismiss a suit affecting the
  parent-child relationship filed by the department regarding the
  child while the child is:
               (1)  committed to the Texas Juvenile Justice Department
  or released under the supervision of the Texas Juvenile Justice
  Department; or
               (2)  missing from the child's substitute care
  provider[, unless the child is adopted or permanent managing
  conservatorship of the child is awarded to an individual other than
  the department].
         SECTION 3.  This Act takes effect September 1, 2023.