83R1604 MCK-F
By: Hernandez Luna H.B. No. 496
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a suit to declare that certain young people
have been abused, neglected, or abandoned and extending the
jurisdiction of certain courts making such a declaration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Family Code, is amended by adding
Subtitle D to read as follows:
SUBTITLE D. SPECIAL DECLARATORY ACTIONS
CHAPTER 46. SPECIAL IMMIGRANT STATUS
Sec. 46.001. DEFINITION. In this chapter, "young adult"
means a person who is at least 18 years of age and younger than 21
years of age.
Sec. 46.002. PETITION FOR COURT DECLARATION. A young adult
who is not a citizen or permanent resident of the United States may
file a suit requesting the court to declare that the young adult has
been abused, neglected, or abandoned and otherwise meets the
requirements for special immigrant status as defined by 8 U.S.C.
Section 1101(a)(27)(J). The suit may be filed in a court that has
family law jurisdiction.
Sec. 46.003. COURT ORDER. The court, on presentation of
proper evidence, shall render an order declaring that:
(1) the young adult is court-dependent;
(2) reunification with one or both of the young adult's
parents is not viable due to abuse, neglect, or abandonment, as
defined by state or federal law; and
(3) it is not in the young adult's best interest to be
returned to the young adult's or the parent's previous country of
origin or country of last habitual residence.
Sec. 46.004. EXTENDED JURISDICTION. A court that renders
an order under this chapter may retain jurisdiction over the young
adult until the earliest of:
(1) the young adult's 21st birthday;
(2) the date the young adult 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.
Sec. 46.005. EXPIRATION. This subtitle expires August 31,
2019.
SECTION 2. Chapter 51, Family Code, is amended by adding
Section 51.0413 to read as follows:
Sec. 51.0413. EXTENDED JURISDICTION. (a) The court
retains jurisdiction over a person with respect to issues relating
to the person's special immigrant status 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 the person.
(b) The court retains jurisdiction under this section until
the earliest of:
(1) the person's 21st birthday;
(2) the date the person 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.
(c) This section expires August 31, 2019.
SECTION 3. Subchapter A, Chapter 155, Family Code, is
amended by adding 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.
(c) This section expires August 31, 2019.
SECTION 4. Subchapter A, Chapter 262, Family Code, is
amended by adding Section 262.0021 to read as follows:
Sec. 262.0021. 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 jurisdiction
under this subtitle, 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.
(c) This section expires August 31, 2019.
SECTION 5. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.031 to read as follows:
Sec. 72.031. COLLECTION OF DATA RELATING TO SPECIAL
IMMIGRANT STATUS. (a) In this section, "young adult" has the
meaning assigned by Section 46.001, Family Code.
(b) The office shall track the number of cases in which a
young adult has requested a court order relating to the young
adult's special immigrant status.
(c) The office shall develop a form to be used to report
information under Subsection (b). The office shall make the form
available on the office's Internet website. The form must include
the following information for each case:
(1) the date the petition in a declaratory action
under Chapter 46, Family Code, or a motion requesting a court order
described by Subsection (b) is filed and the date the court order is
signed;
(2) the county in which a petition or motion described
by Subdivision (1) is filed;
(3) the age of the young adult on the date the petition
or motion described by Subdivision (1) is filed;
(4) the young adult's country of origin, if known; and
(5) whether the young adult is receiving services from
the Department of Family and Protective Services.
(d) The office may not collect any personally identifiable
information relating to the young adult, including the young
adult's name, the young adult's address, or the case number of the
declaratory action.
(e) The attorney representing a young adult in a case
described by Subsection (b) shall complete the form and file the
form with the clerk of the court. On receipt of a completed form,
the clerk shall stamp the form with the date the form was received
and send the form to the office.
(f) This section expires August 31, 2019.
SECTION 6. A proceeding commenced as a result of a petition
filed before August 31, 2019, under Chapter 46, Family Code, as
added by this Act, or a motion requesting a court order relating to
a young adult's special immigrant status filed under the
jurisdiction created by Section 51.0413, 155.006, or 262.0021,
Family Code, as added by this Act, before that date shall continue
under the law as it existed on the date the petition or motion was
filed, and that law continues in effect for that purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.