Bill Text: TX HB1361 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 1361 (Prior Session Legislation)

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



	A BILL TO BE ENTITLED
	AN ACT
	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.