Bill Text: TX SB738 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the transfer of certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-09 - See remarks for effective date [SB738 Detail]
Download: Texas-2017-SB738-Comm_Sub.html
Bill Title: Relating to the transfer of certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-09 - See remarks for effective date [SB738 Detail]
Download: Texas-2017-SB738-Comm_Sub.html
By: Kolkhorst | S.B. No. 738 | |
(In the Senate - Filed February 3, 2017; February 21, 2017, | ||
read first time and referred to Committee on Health & Human | ||
Services; April 24, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
April 24, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 738 | By: Kolkhorst |
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relating to the transfer of certain suits affecting the | ||
parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 155.201, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) On receiving notice that a court exercising | ||
jurisdiction under Chapter 262 has ordered the transfer of a suit | ||
under Section 262.203(a)(2), the court of continuing, exclusive | ||
jurisdiction shall, pursuant to the requirements of Section | ||
155.204(i), transfer the proceedings to the court in which the suit | ||
under Chapter 262 is pending. | ||
SECTION 2. Section 155.204(i), Family Code, is amended to | ||
read as follows: | ||
(i) If a transfer order has been signed by a court | ||
exercising jurisdiction under Chapter 262, the Department of Family | ||
and Protective Services shall [ |
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with the clerk of the court of continuing, exclusive jurisdiction. | ||
On receipt and without a hearing or further order from the court of | ||
continuing, exclusive jurisdiction, the clerk of the court of | ||
continuing, exclusive jurisdiction shall transfer the files as | ||
provided by this subchapter. | ||
SECTION 3. Section 262.203(a), Family Code, is amended to | ||
read as follows: | ||
(a) On the motion of a party or the court's own motion, if | ||
applicable, the court that rendered the temporary order shall in | ||
accordance with procedures provided by Chapter 155: | ||
(1) transfer the suit to the court of continuing, | ||
exclusive jurisdiction, if any, if the court finds that the | ||
transfer is: | ||
(A) necessary for the convenience of the parties; | ||
and | ||
(B) in the best interest of the child; | ||
(2) [ |
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continuing, exclusive jurisdiction; or | ||
(3) if grounds exist for transfer based on improper | ||
venue, order transfer of the suit to the court having venue of the | ||
suit under Chapter 103. | ||
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 affecting the parent-child | ||
relationship filed before the effective date of this Act is | ||
governed by the law in effect on the date the suit was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect only if a specific | ||
appropriation for the implementation of the Act is provided in a | ||
general appropriations act of the 85th Legislature. | ||
SECTION 6. This Act takes effect September 1, 2017. | ||
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