Bill Text: TX HB4805 | 2025-2026 | 89th Legislature | Comm Sub

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Bill Title: Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2025-05-15 - Placed on General State Calendar [HB4805 Detail]

Download: Texas-2025-HB4805-Comm_Sub.html

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89R25523 DNC-F
By: Johnson H.B. No. 4805
Substitute the following for H.B. No. 4805:
By: Leach C.S.H.B. No. 4805

A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the dismissal of certain suits affecting
the parent-child relationship involving the Department of Family
and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4012 to read as follows:
Sec. 263.4012. PROHIBITING DISMISSAL AND RETAINING
JURISDICTION WHEN CHILD IS MISSING. (a) Notwithstanding Section
263.401, if the court finds the child is missing from the child's
substitute care provider, the court shall retain jurisdiction and
schedule a new dismissal date that is 180 days after the last
dismissal date. The court may not dismiss the case until the
earlier of the date the child is found or the date on which the child
would no longer be eligible to receive department services or
benefits.
(b) If the court retains jurisdiction under Subsection (a)
but does not commence the trial on the merits before the dismissal
date, the court's jurisdiction over the suit is terminated and the
suit is automatically dismissed without a court order.
SECTION 2. Section 263.501(g), Family Code, is amended to
read as follows:
(g) Unless the child is adopted or permanent managing
conservatorship of the child is awarded to an individual other than
the department, a [A] court required to conduct permanency hearings
for a child for whom the department has been appointed permanent
managing conservator may not dismiss a suit affecting the
parent-child relationship filed by the department regarding the
child while the child is:
(1) committed to the Texas Juvenile Justice Department
or released under the supervision of the Texas Juvenile Justice
Department; or
(2) missing from the child's substitute care
provider[, unless the child is adopted or permanent managing
conservatorship of the child is awarded to an individual other than
the department].
SECTION 3. This Act takes effect September 1, 2025.