Bill Text: TX HB3011 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to the contents of a petition in certain suits affecting the parent-child relationship.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2021-05-03 - Committee report sent to Calendars [HB3011 Detail]

Download: Texas-2021-HB3011-Comm_Sub.html

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87R8834 BDP-D
By: Hull, Frank, Swanson, Ramos H.B. No. 3011

A BILL TO BE ENTITLED
AN ACT
relating to the contents of a petition in certain suits affecting
the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.101, Family Code, is amended to read
as follows:
Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
CHILD. (a) An original suit filed by a governmental entity that
requests permission to take possession of a child without prior
notice and a hearing must be supported by an affidavit sworn to by a
person with personal knowledge and stating facts sufficient to
satisfy a person of ordinary prudence and caution that:
(1) there is an immediate danger to the physical
health or safety of the child or the child has been a victim of
neglect or sexual abuse;
(2) continuation in the home would be contrary to the
child's welfare;
(3) there is no time, consistent with the physical
health or safety of the child, for a full adversary hearing under
Subchapter C; and
(4) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made
to prevent or eliminate the need for the removal of the child.
(b) The affidavit required by Subsection (a) must describe
all reasonable efforts that were made to prevent or eliminate the
need for the removal of the child.
SECTION 2. Section 262.105, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The affidavit required by Subsection (b) must describe
all reasonable efforts that were made to prevent or eliminate the
need for the removal of the child.
SECTION 3. Section 262.113, Family Code, is amended to read
as follows:
Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
CHILD. (a) An original suit filed by a governmental entity that
requests to take possession of a child after notice and a hearing
must be supported by an affidavit sworn to by a person with personal
knowledge and stating facts sufficient to satisfy a person of
ordinary prudence and caution that:
(1) there is a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the person entitled to possession of the child and that allowing the
child to remain in the home would be contrary to the child's
welfare; and
(2) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, have been
made to prevent or eliminate the need to remove the child from the
child's home.
(b) The affidavit required by Subsection (a) must describe
all reasonable efforts that were made to prevent or eliminate the
need for the removal of the child.
SECTION 4. The changes in law made by this Act apply to a
suit affecting the parent-child relationship filed on or after the
effective date of this Act. A suit filed before the effective date
of this Act is governed by the law in effect on the date the suit is
filed, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2021.