By: Farrar H.B. No. 1705
A BILL TO BE ENTITLED
AN ACT
Relating to the age qualification and extended jurisdiction over
one seeking a suit affecting parent child relationship order in
family court for purposes of obtaining special immigrant juvenile
status.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 101 of the Texas Family Code is amended
to add Section 101.003(d) to read as follows:
Section 101.003. (d) In the context of one applying for
special immigrant juvenile status under Section 101(a)(27)(J) of
the Immigration and Nationality Act, "child" or "minor" means an
unmarried alien who is present in the United States, and who is
under age 21, and applying for a special immigrant juvenile visa
declaration.
SECTION 2. Chapter 102 of the Family Code is amended to add
Section 102.011(c) to read as follows:
Section 102.011. (c) The court has jurisdiction over a
person with respect to issues relating to the person's special
immigrant juvenile status if an application seeking special
immigrant juvenile status as defined by Section 101(a)(27)(J) of
the Immigration and Nationality Act has been filed with USCIS.
SECTION 3. Chapter 155 of the Family Code is amended to add
Section 155.006 to read as follows:
Sec. 155.006. EXTENDED JURISDICTION. (a) If an application
seeking special immigrant status as defined by 8 U.S.C. Section
1101(a)(27)(J) has been filed with the appropriate federal
authority on behalf of a child over whom the court has continuing,
exclusive jurisdiction, the court may extend the court 's
jurisdiction over the child after the child 's 18th birthday until
the earliest of:
(1) the child 's 21st birthday;
(2) the date the child is granted lawful permanent
resident status;
(3) the date an appeal of the denial of an application
for permanent residency based on a petition for special immigrant
status is denied; or
(4) if an appeal described by Subdivision (3) is not
filed, the day after the last day to file an appeal of the denial of
an application for permanent residency based on a petition for
special immigrant status.
(b) The court 's jurisdiction under this section is limited to
issues relating to the child 's special immigrant status.
SECTION 4. Chapter 42 of the Human Resources Code is amended
to add Section 42.021(e)-(f) to read as follows:
Section 702.259. (e) The department will develop rules to
ensure that all cases categorized as Undetermined Immigration
Status in the Central Registry are assigned to caseworkers who have
experience preparing special immigrant juvenile status petitions
and legal permanent status petitions.
(f) Additionally, the department will develop rules to
direct caseworkers to stop seeking fee waivers for filing fees
associated with completing and filing legal permanent status
applications
SECTION 5. This Act takes effect September 1, 2013.