Bill Text: TX HB2294 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to jurisdiction in a suit for adoption of a child and the mandatory transfer of certain suits affecting the parent-child relationship to the court in which a suit for adoption is pending.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-11 - Transferred to Calendars Committee [HB2294 Detail]
Download: Texas-2017-HB2294-Introduced.html
85R7878 KJE-F | ||
By: Cain | H.B. No. 2294 |
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relating to jurisdiction in a suit for adoption of a child and the | ||
mandatory transfer of certain suits affecting the parent-child | ||
relationship to the court in which a suit for adoption is pending. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 102.008(b), Family Code, is amended to | ||
read as follows: | ||
(b) The petition must include: | ||
(1) a statement that: | ||
(A) the court in which the petition is filed has | ||
continuing, exclusive jurisdiction or that no court has continuing | ||
jurisdiction of the suit; or | ||
(B) in a suit in which adoption of a child is | ||
requested, the court in which the petition is filed has | ||
jurisdiction of the suit under Section 103.001(b); | ||
(2) the name and date of birth of the child, except | ||
that if adoption of a child is requested, the name of the child may | ||
be omitted; | ||
(3) the full name of the petitioner and the | ||
petitioner's relationship to the child or the fact that no | ||
relationship exists; | ||
(4) the names of the parents, except in a suit in which | ||
adoption is requested; | ||
(5) the name of the managing conservator, if any, or | ||
the child's custodian, if any, appointed by order of a court of | ||
another state or country; | ||
(6) the names of the guardians of the person and estate | ||
of the child, if any; | ||
(7) the names of possessory conservators or other | ||
persons, if any, having possession of or access to the child under | ||
an order of the court; | ||
(8) the name of an alleged father of the child or a | ||
statement that the identity of the father of the child is unknown; | ||
(9) a full description and statement of value of all | ||
property owned or possessed by the child; | ||
(10) a statement describing what action the court is | ||
requested to take concerning the child and the statutory grounds on | ||
which the request is made; and | ||
(11) any other information required by this title. | ||
SECTION 2. Section 103.001(b), Family Code, is amended to | ||
read as follows: | ||
(b) A suit in which adoption is requested may be filed in the | ||
county where the child resides or in the county where the | ||
petitioners reside, regardless of whether another court has | ||
continuing exclusive jurisdiction under Chapter 155. Except as | ||
provided by Section 155.201, a [ |
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exclusive jurisdiction is not required to transfer the suit | ||
affecting the parent-child relationship to the court in which the | ||
adoption suit is filed. | ||
SECTION 3. Section 155.201, Family Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (a-2) to | ||
read as follows: | ||
(a) On the filing of a motion showing that a suit for | ||
dissolution of the marriage of the child's parents has been filed in | ||
another court and requesting a transfer to that court, the court | ||
having continuing, exclusive jurisdiction of a suit affecting the | ||
parent-child relationship shall, within the time required by | ||
Section 155.204, transfer the proceedings to the court in which the | ||
dissolution of the marriage is pending. | ||
(a-1) On the filing of a motion showing that a suit in which | ||
adoption of a child is requested has been filed in another court | ||
located in the county in which the child resides as provided by | ||
Section 103.001 and requesting a transfer to that court, the court | ||
having continuing, exclusive jurisdiction of a suit affecting the | ||
parent-child relationship with regard to that child shall, within | ||
the time required by Section 155.204, transfer the proceedings to | ||
the court in which the suit for adoption is pending. | ||
(a-2) A [ |
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must comply with the requirements of Section 155.204(a). | ||
SECTION 4. Section 155.204(a), Family Code, is amended to | ||
read as follows: | ||
(a) A motion to transfer under Section 155.201(a) or (a-1) | ||
may be filed at any time. The motion must contain a certification | ||
that all other parties, including the attorney general, if | ||
applicable, have been informed of the filing of the motion. | ||
SECTION 5. Section 102.008(b), Family Code, as amended by | ||
this Act, applies to a petition in a suit affecting the parent-child | ||
relationship filed on or after the effective date of this Act. A | ||
petition filed before the effective date of this Act is governed by | ||
the law in effect on the date the petition was filed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 6. The changes in law made by this Act to Sections | ||
103.001, 155.201, and 155.204, Family Code, apply to a motion to | ||
transfer a suit affecting the parent-child relationship filed on or | ||
after the effective date of this Act. A motion to transfer a suit | ||
affecting the parent-child relationship filed before the effective | ||
date of this Act is governed by the law in effect on the date that | ||
motion was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2017. |