Bill Text: TX HB1361 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the dismissal of certain suits affecting the parent-child relationship in which the court has rendered a temporary order.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-05-03 - Reported favorably as substituted [HB1361 Detail]
Download: Texas-2017-HB1361-Introduced.html
| 85R6524 JSC-F | ||
| By: White | H.B. No. 1361 | |
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| relating to the dismissal of certain suits affecting the | ||
| parent-child relationship in which the court has rendered a | ||
| temporary order. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 105, Family Code, is amended by adding | ||
| Section 105.0012 to read as follows: | ||
| Sec. 105.0012. DISMISSAL AFTER ONE YEAR FOLLOWING CERTAIN | ||
| TEMPORARY ORDERS. (a) This section applies only to a suit affecting | ||
| the parent-child relationship: | ||
| (1) that was filed by a person who: | ||
| (A) is not a parent of the child; and | ||
| (B) requests termination of the parent-child | ||
| relationship or that the person be named as a conservator of the | ||
| child or granted possession of or access to the child; and | ||
| (2) in which the court has rendered a temporary order | ||
| under Section 105.001 appointing the person as a conservator of the | ||
| child or granting the person possession of or access to the child. | ||
| (b) In a suit to which this section applies, unless the | ||
| court has commenced the trial on the merits, on the first Monday | ||
| after the first anniversary of the date the court rendered the | ||
| temporary order described by Subsection (a)(2): | ||
| (1) the court's jurisdiction in the suit terminates; | ||
| and | ||
| (2) the suit is dismissed with prejudice and without a | ||
| court order. | ||
| (c) Notwithstanding Subsection (b), the court may retain | ||
| jurisdiction to award attorney's fees to a parent defending the | ||
| suit. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a temporary order rendered on or after the effective date of this | ||
| Act. A temporary order rendered before the effective date of this | ||
| Act is governed by the law in effect on the date the order is | ||
| rendered, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
