Texas 2009 - 81st Regular

Texas House Bill HB4426 Compare Versions

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1	1	By: Hernandez, Alonzo H.B. No. 4426
2	2	(Senate Sponsor - Van de Putte)
3	3	(In the Senate - Received from the House May 13, 2009;
4	4	May 14, 2009, read first time and referred to Committee on
5	5	Jurisprudence; May 23, 2009, reported favorably by the following
6	6	vote: Yeas 5, Nays 0; May 23, 2009, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to authorizing a suit to declare that certain young people
12	12	have been abused, neglected, or abandoned and extending the
13	13	jurisdiction of certain courts making such a declaration.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Title 2, Family Code, is amended by adding
16	16	Subtitle D to read as follows:
17	17	SUBTITLE D. SPECIAL DECLARATORY ACTIONS
18	18	CHAPTER 46. SPECIAL IMMIGRANT STATUS
19	19	Sec. 46.001. DEFINITION. In this chapter, "young adult"
20	20	means a person who is at least 18 years of age and younger than 21
21	21	years of age.
22	22	Sec. 46.002. PETITION FOR COURT DECLARATION. A young adult
23	23	who is not a citizen or permanent resident of the United States may
24	24	file a suit requesting the court to declare that the young adult has
25	25	been abused, neglected, or abandoned and otherwise meets the
26	26	requirements for special immigrant status as defined by 8 U.S.C.
27	27	Section 1101(a)(27)(J). The suit may be filed in a court that has
28	28	family law jurisdiction.
29	29	Sec. 46.003. COURT ORDER. The court, on presentation of
30	30	proper evidence, shall render an order declaring that:
31	31	(1) the young adult is court-dependent;
32	32	(2) reunification with one or both of the young adult's
33	33	parents is not viable due to abuse, neglect, or abandonment, as
34	34	defined by state or federal law; and
35	35	(3) it is not in the young adult's best interest to be
36	36	returned to the young adult's or the parent's previous country of
37	37	origin or country of last habitual residence.
38	38	Sec. 46.004. EXTENDED JURISDICTION. A court that renders
39	39	an order under this chapter may retain jurisdiction over the young
40	40	adult until the earliest of:
41	41	(1) the young adult's 21st birthday;
42	42	(2) the date the young adult is granted lawful
43	43	permanent resident status;
44	44	(3) the date an appeal of the denial of an application
45	45	for permanent residency based on a petition for special immigrant
46	46	status is denied; or
47	47	(4) if an appeal described by Subdivision (3) is not
48	48	filed, the day after the last day to file an appeal of the denial of
49	49	an application for permanent residency based on a petition for
50	50	special immigrant status.
51	51	SECTION 2. Chapter 51, Family Code, is amended by adding
52	52	Section 51.0413 to read as follows:
53	53	Sec. 51.0413. EXTENDED JURISDICTION. (a) The court
54	54	retains jurisdiction over a person with respect to issues relating
55	55	to the person's special immigrant status if an application seeking
56	56	special immigrant status as defined by 8 U.S.C. Section
57	57	1101(a)(27)(J) has been filed with the appropriate federal
58	58	authority on behalf of the person.
59	59	(b) The court retains jurisdiction under this section until
60	60	the earliest of:
61	61	(1) the person's 21st birthday;
62	62	(2) the date the person is granted lawful permanent
63	63	resident status;
64	64	(3) the date an appeal of the denial of an application
65	65	for permanent residency based on a petition for special immigrant
66	66	status is denied; or
67	67	(4) if an appeal described by Subdivision (3) is not
68	68	filed, the day after the last day to file an appeal of the denial of
69	69	an application for permanent residency based on a petition for
70	70	special immigrant status.
71	71	SECTION 3. Subchapter A, Chapter 155, Family Code, is
72	72	amended by adding Section 155.006 to read as follows:
73	73	Sec. 155.006. EXTENDED JURISDICTION. (a) If an
74	74	application seeking special immigrant status as defined by 8 U.S.C.
75	75	Section 1101(a)(27)(J) has been filed with the appropriate federal
76	76	authority on behalf of a child over whom the court has continuing,
77	77	exclusive jurisdiction, the court may extend the court's
78	78	jurisdiction over the child after the child's 18th birthday until
79	79	the earliest of:
80	80	(1) the child's 21st birthday;
81	81	(2) the date the child is granted lawful permanent
82	82	resident status;
83	83	(3) the date an appeal of the denial of an application
84	84	for permanent residency based on a petition for special immigrant
85	85	status is denied; or
86	86	(4) if an appeal described by Subdivision (3) is not
87	87	filed, the day after the last day to file an appeal of the denial of
88	88	an application for permanent residency based on a petition for
89	89	special immigrant status.
90	90	(b) The court's jurisdiction under this section is limited
91	91	to issues relating to the child's special immigrant status.
92	92	SECTION 4. Subchapter A, Chapter 262, Family Code, is
93	93	amended by adding Section 262.0021 to read as follows:
94	94	Sec. 262.0021. EXTENDED JURISDICTION. (a) If an
95	95	application seeking special immigrant status as defined by 8 U.S.C.
96	96	Section 1101(a)(27)(J) has been filed with the appropriate federal
97	97	authority on behalf of a child over whom the court has jurisdiction
98	98	under this subtitle, the court may extend the court's jurisdiction
99	99	over the child after the child's 18th birthday until the earliest
100	100	of:
101	101	(1) the child's 21st birthday;
102	102	(2) the date the child is granted lawful permanent
103	103	resident status;
104	104	(3) the date an appeal of the denial of an application
105	105	for permanent residency based on a petition for special immigrant
106	106	status is denied; or
107	107	(4) if an appeal described by Subdivision (3) is not
108	108	filed, the day after the last day to file an appeal of the denial of
109	109	an application for permanent residency based on a petition for
110	110	special immigrant status.
111	111	(b) The court's jurisdiction under this section is limited
112	112	to issues relating to the child's special immigrant status.
113	113	SECTION 5. Subchapter C, Chapter 72, Government Code, is
114	114	amended by adding Section 72.031 to read as follows:
115	115	Sec. 72.031. COLLECTION OF DATA RELATING TO SPECIAL
116	116	IMMIGRANT STATUS. (a) In this section, "young adult" has the
117	117	meaning assigned by Section 46.001, Family Code.
118	118	(b) The office shall track the number of cases in which a
119	119	young adult has requested a court order relating to the young
120	120	adult's special immigrant status.
121	121	(c) The office shall develop a form to be used to report
122	122	information under Subsection (b). The office shall make the form
123	123	available on the office's Internet website. The form must include
124	124	the following information for each case:
125	125	(1) the date the petition in a declaratory action
126	126	under Chapter 46, Family Code, or a motion requesting a court order
127	127	described by Subsection (b) is filed and the date the court order is
128	128	signed;
129	129	(2) the county in which a petition or motion described
130	130	by Subdivision (1) is filed;
131	131	(3) the age of the young adult on the date the petition
132	132	or motion described by Subdivision (1) is filed;
133	133	(4) the young adult's country of origin, if known; and
134	134	(5) whether the young adult is receiving services from
135	135	the Department of Family and Protective Services.
136	136	(d) The office may not collect any personally identifiable
137	137	information relating to the young adult, including the young
138	138	adult's name, the young adult's address, or the case number of the
139	139	declaratory action.
140	140	(e) The attorney representing a young adult in a case
141	141	described by Subsection (b) shall complete the form and file the
142	142	form with the clerk of the court. On receipt of a completed form,
143	143	the clerk shall stamp the form with the date the form was received
144	144	and send the form to the office.
145	145	SECTION 6. This Act expires August 31, 2015. A proceeding
146	146	commenced as a result of a petition filed before that date under
147	147	Chapter 46, Family Code, as added by this Act, or a motion
148	148	requesting a court order relating to a young adult's special
149	149	immigrant status filed under the jurisdiction created by Section
150	150	51.0413, 155.006, or 262.0021, Family Code, as added by this Act,
151	151	before that date shall continue under the law as it existed on the
152	152	date the petition or motion was filed, and that law continues in
153	153	effect for that purpose.
154	154	SECTION 7. This Act takes effect immediately if it receives
155	155	a vote of two-thirds of all the members elected to each house, as
156	156	provided by Section 39, Article III, Texas Constitution. If this
157	157	Act does not receive the vote necessary for immediate effect, this
158	158	Act takes effect September 1, 2009.
159	159	* * * * *