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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for ex parte hearings in a suit affecting the |
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parent-child relationship filed by the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.206, Family Code, is amended to read |
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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) A court that holds an ex parte hearing authorized by |
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this chapter shall prepare and keep a record of the hearing in the |
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form of an audio or video recording or a court reporter |
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transcription. |
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(c) On request of a party to the suit, the court shall |
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provide a copy of the record of an ex parte hearing to the party. |
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SECTION 2. 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 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |