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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of certain suits affecting the |
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parent-child relationship in which the court has rendered a |
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temporary order. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 105, Family Code, is amended by adding |
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Section 105.0012 to read as follows: |
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Sec. 105.0012. DISMISSAL AFTER ONE YEAR FOLLOWING CERTAIN |
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TEMPORARY ORDERS. (a) This section applies only to a suit affecting |
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the parent-child relationship: |
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(1) that was filed by a person who: |
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(A) is not a parent of the child; and |
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(B) requests termination of the parent-child |
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relationship or that the person be named as a conservator of the |
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child or granted possession of or access to the child; and |
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(2) in which the court has rendered a temporary order |
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under Section 105.001 appointing the person as a conservator of the |
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child or granting the person possession of or access to the child. |
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(b) In a suit to which this section applies, unless the |
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court has commenced the trial on the merits, on the first Monday |
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after the first anniversary of the date the court rendered the |
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temporary order described by Subsection (a)(2): |
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(1) the court's jurisdiction in the suit terminates; |
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and |
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(2) the suit is dismissed with prejudice and without a |
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court order. |
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(c) Notwithstanding Subsection (b), the court may retain |
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jurisdiction to award attorney's fees to a parent defending the |
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suit. |
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SECTION 2. The change in law made by this Act applies only |
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to a temporary order rendered on or after the effective date of this |
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Act. A temporary order rendered before the effective date of this |
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Act is governed by the law in effect on the date the order is |
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rendered, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |