By: Kolkhorst S.B. No. 738
(In the Senate - Filed February 3, 2017; February 21, 2017,
read first time and referred to Committee on Health & Human
Services; April 24, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 24, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 738 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 155.201, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) On receiving notice that a court exercising
jurisdiction under Chapter 262 has ordered the transfer of a suit
under Section 262.203(a)(2), the court of continuing, exclusive
jurisdiction shall, pursuant to the requirements of Section
155.204(i), transfer the proceedings to the court in which the suit
under Chapter 262 is pending.
SECTION 2. Section 155.204(i), Family Code, is amended to
read as follows:
(i) If a transfer order has been signed by a court
exercising jurisdiction under Chapter 262, the Department of Family
and Protective Services shall [a party may] file the transfer order
with the clerk of the court of continuing, exclusive jurisdiction.
On receipt and without a hearing or further order from the court of
continuing, exclusive jurisdiction, the clerk of the court of
continuing, exclusive jurisdiction shall transfer the files as
provided by this subchapter.
SECTION 3. Section 262.203(a), Family Code, is amended to
read as follows:
(a) On the motion of a party or the court's own motion, if
applicable, the court that rendered the temporary order shall in
accordance with procedures provided by Chapter 155:
(1) transfer the suit to the court of continuing,
exclusive jurisdiction, if any, if the court finds that the
transfer is:
(A) necessary for the convenience of the parties;
and
(B) in the best interest of the child;
(2) [if grounds exist for mandatory transfer from the
court of continuing, exclusive jurisdiction under Section
155.201,] order transfer of the suit from the [that] court of
continuing, exclusive jurisdiction; or
(3) if grounds exist for transfer based on improper
venue, order transfer of the suit to the court having venue of the
suit under Chapter 103.
SECTION 4. The changes in law made by this Act apply to a
suit affecting the parent-child relationship filed on or after the
effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 85th Legislature.
SECTION 6. This Act takes effect September 1, 2017.
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