85R6524 JSC-F
By: White H.B. No. 1361
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal of certain suits affecting the
parent-child relationship in which the court has rendered a
temporary order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 105, Family Code, is amended by adding
Section 105.0012 to read as follows:
Sec. 105.0012. DISMISSAL AFTER ONE YEAR FOLLOWING CERTAIN
TEMPORARY ORDERS. (a) This section applies only to a suit affecting
the parent-child relationship:
(1) that was filed by a person who:
(A) is not a parent of the child; and
(B) requests termination of the parent-child
relationship or that the person be named as a conservator of the
child or granted possession of or access to the child; and
(2) in which the court has rendered a temporary order
under Section 105.001 appointing the person as a conservator of the
child or granting the person possession of or access to the child.
(b) In a suit to which this section applies, unless the
court has commenced the trial on the merits, on the first Monday
after the first anniversary of the date the court rendered the
temporary order described by Subsection (a)(2):
(1) the court's jurisdiction in the suit terminates;
and
(2) the suit is dismissed with prejudice and without a
court order.
(c) Notwithstanding Subsection (b), the court may retain
jurisdiction to award attorney's fees to a parent defending the
suit.
SECTION 2. The change in law made by this Act applies only
to a temporary order rendered on or after the effective date of this
Act. A temporary order rendered before the effective date of this
Act is governed by the law in effect on the date the order is
rendered, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2017.