BILL ANALYSIS
Senate Research Center |
H.B. 1734 |
89R3001 PRL-F |
By: Orr et al. (Zaffirini) |
|
Jurisprudence |
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5/6/2025 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In suits affecting the parent-child relationship, clerks must send all the original papers filed to the transferring court, including voluminous historical pleadings and orders. In some cases, suits impacting the parent-child relationship can close and reopen multiple times until the youngest child turns 18; this practice forces parties to pay for hundreds of pages of moot filings and imposes significant burdens on clerks.
H.B. 1734 would streamline transfers by requiring clerks to send only final orders and pleadings related to the pending matter, while still protecting the ability for either party to request any other document needed for the suit. These changes will reduce unnecessary costs for litigants and improve judicial efficiency.
H.B. 1734 amends current law relating to the transfer of court files in a suit affecting the parent-child relationship in which continuing, exclusive jurisdiction is transferred.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 155.207(a), Family Code, to require the clerk of the court transferring a proceeding, not later than the 10th working day after the date an order of transfer is signed, to send, using the electronic filing system established under Section 72.031 (Electronic Filing System), Government Code, to the proper court to which transfer is being made certain items, including a copy of the pleadings in the pending proceeding and any other document specifically requested by a party, rather than a copy of the original papers filed in the transferring court.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.