| 1 | 1 | | 85R6524 JSC-F |
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| 2 | 2 | | By: White H.B. No. 1361 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the dismissal of certain suits affecting the |
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| 8 | 8 | | parent-child relationship in which the court has rendered a |
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| 9 | 9 | | temporary order. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 105, Family Code, is amended by adding |
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| 12 | 12 | | Section 105.0012 to read as follows: |
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| 13 | 13 | | Sec. 105.0012. DISMISSAL AFTER ONE YEAR FOLLOWING CERTAIN |
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| 14 | 14 | | TEMPORARY ORDERS. (a) This section applies only to a suit affecting |
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| 15 | 15 | | the parent-child relationship: |
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| 16 | 16 | | (1) that was filed by a person who: |
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| 17 | 17 | | (A) is not a parent of the child; and |
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| 18 | 18 | | (B) requests termination of the parent-child |
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| 19 | 19 | | relationship or that the person be named as a conservator of the |
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| 20 | 20 | | child or granted possession of or access to the child; and |
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| 21 | 21 | | (2) in which the court has rendered a temporary order |
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| 22 | 22 | | under Section 105.001 appointing the person as a conservator of the |
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| 23 | 23 | | child or granting the person possession of or access to the child. |
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| 24 | 24 | | (b) In a suit to which this section applies, unless the |
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| 25 | 25 | | court has commenced the trial on the merits, on the first Monday |
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| 26 | 26 | | after the first anniversary of the date the court rendered the |
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| 27 | 27 | | temporary order described by Subsection (a)(2): |
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| 28 | 28 | | (1) the court's jurisdiction in the suit terminates; |
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| 29 | 29 | | and |
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| 30 | 30 | | (2) the suit is dismissed with prejudice and without a |
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| 31 | 31 | | court order. |
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| 32 | 32 | | (c) Notwithstanding Subsection (b), the court may retain |
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| 33 | 33 | | jurisdiction to award attorney's fees to a parent defending the |
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| 34 | 34 | | suit. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to a temporary order rendered on or after the effective date of this |
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| 37 | 37 | | Act. A temporary order rendered before the effective date of this |
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| 38 | 38 | | Act is governed by the law in effect on the date the order is |
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| 39 | 39 | | rendered, and the former law is continued in effect for that |
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| 40 | 40 | | purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2017. |
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