Bill Text: TX HB1086 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to policies and procedures regarding certain investigations by the Department of Family and Protective Services and certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Health & Human Services [HB1086 Detail]
Download: Texas-2023-HB1086-Comm_Sub.html
Bill Title: Relating to policies and procedures regarding certain investigations by the Department of Family and Protective Services and certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Health & Human Services [HB1086 Detail]
Download: Texas-2023-HB1086-Comm_Sub.html
88R23276 MM-F | |||
By: Hull | H.B. No. 1086 | ||
Substitute the following for H.B. No. 1086: | |||
By: Dutton | C.S.H.B. No. 1086 |
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relating to policies and procedures regarding certain | ||
investigations by the Department of Family and Protective Services | ||
and certain suits affecting the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 261.303, Family Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1), (b-2), and | ||
(b-3) to read as follows: | ||
(b) If admission to the home, school, or any place where the | ||
child may be cannot be obtained, and if [ |
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the court having family law jurisdiction has probable cause to | ||
believe that an order is necessary due to an immediate risk to the | ||
child's safety, then the court may [ |
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person responsible for the care of the children, or the person in | ||
charge of any place where the child may be to allow entrance for an | ||
[ |
||
(b-1) A court may not issue an order described by Subsection | ||
(b) unless the court is presented with facts sufficient to satisfy | ||
the court that there is probable cause to believe that the order is | ||
necessary due to an immediate risk to the child's safety. A | ||
separate sworn affidavit setting forth substantial facts | ||
establishing probable cause for admission to a location under | ||
Subsection (b) and for what purpose the admission is necessary must | ||
be filed for each location for which admission is requested under | ||
that subsection. | ||
(b-2) A hearing for an order under Subsection (b) may not be | ||
ex parte unless the court has probable cause to believe that an | ||
immediate risk to the physical health or safety of the child makes | ||
it impracticable to hold a full hearing. | ||
(b-3) A court that holds an ex parte hearing authorized by | ||
Subsection (b-2) shall prepare and keep a record of the hearing in | ||
the form of an audio recording or court reporter transcription. The | ||
court shall maintain a copy of any electronic communication that | ||
occurred in place of an in-person hearing. On request of a party to | ||
the suit, the court shall provide a copy of the record of an ex parte | ||
hearing to the party. | ||
SECTION 2. Section 262.106, Family Code, is amended by | ||
amending Subsection (b) and adding Subsections (b-1) and (b-2) to | ||
read as follows: | ||
(b) The initial hearing may be ex parte and proof may be by | ||
sworn petition or affidavit only if a full adversary hearing is not | ||
practicable. | ||
(b-1) A court that holds an ex parte hearing authorized by | ||
Subsection (b) shall prepare and keep a record of the hearing in the | ||
form of an audio or video recording or a court reporter | ||
transcription. The court shall maintain a copy of any electronic | ||
communication that occurred in place of an in-person hearing. | ||
(b-2) On request of a party to the suit, the court shall | ||
provide a copy of the record of an ex parte hearing to the party. | ||
SECTION 3. (a) Section 261.303, Family Code, as amended by | ||
this Act, applies only to an order rendered on or after the | ||
effective date of this Act. An order rendered before the effective | ||
date of this Act is governed by the law in effect on the date of the | ||
order, and the former law is continued in effect for that purpose. | ||
(b) Section 262.106, Family Code, as amended by this Act, | ||
applies only to an ex parte hearing held on or after the effective | ||
date of this Act. An ex parte hearing held before that date is | ||
governed by the law in effect on the date the ex parte hearing was | ||
held, and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |