Texas 2017 - 85th Regular

Texas Senate Bill SB738 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst S.B. No. 738
2		-	(Schofield)
	1	+	S.B. No. 738
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the transfer of certain suits affecting the
8	6		parent-child relationship.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 155.201, Family Code, is amended by
11	9		adding Subsection (d) to read as follows:
12	10		(d) On receiving notice that a court exercising
13	11		jurisdiction under Chapter 262 has ordered the transfer of a suit
14	12		under Section 262.203(a)(2), the court of continuing, exclusive
15	13		jurisdiction shall, pursuant to the requirements of Section
16	14		155.204(i), transfer the proceedings to the court in which the suit
17	15		under Chapter 262 is pending, within the time required by
18	16		Subsection 155.207(a).
19	17		SECTION 2. Section 155.204(i), Family Code, is amended to
20	18		read as follows:
21	19		(i) If a transfer order has been signed by a court
22	20		exercising jurisdiction under Chapter 262, the Department of Family
23	21		and Protective Services shall [a party may] file the transfer order
24	22		with the clerk of the court of continuing, exclusive jurisdiction.
25	23		On receipt and without a hearing or further order from the court of
26	24		continuing, exclusive jurisdiction, the clerk of the court of
27	25		continuing, exclusive jurisdiction shall transfer the files as
28	26		provided by this subchapter within the time required by Subsection
29	27		155.207(a).
30	28		SECTION 3. Section 262.203(a), Family Code, is amended to
31	29		read as follows:
32	30		(a) On the motion of a party or the court's own motion, if
33	31		applicable, the court that rendered the temporary order shall in
34	32		accordance with procedures provided by Chapter 155:
35	33		(1) transfer the suit to the court of continuing,
36	34		exclusive jurisdiction, if any, within the time required by
37	35		Subsection 155.207(a), if the court finds that the transfer is:
38	36		(A) necessary for the convenience of the parties;
39	37		and
40	38		(B) in the best interest of the child;
41	39		(2) [if grounds exist for mandatory transfer from the
42	40		court of continuing, exclusive jurisdiction under Section
43	41		155.201,] order transfer of the suit from the [that] court of
44	42		continuing, exclusive jurisdiction; or
45	43		(3) if grounds exist for transfer based on improper
46	44		venue, order transfer of the suit to the court having venue of the
47	45		suit under Chapter 103.
48	46		SECTION 4. The changes in law made by this Act apply to a
49	47		suit affecting the parent-child relationship filed on or after the
50	48		effective date of this Act. A suit affecting the parent-child
51	49		relationship filed before the effective date of this Act is
52	50		governed by the law in effect on the date the suit was filed, and the
53	51		former law is continued in effect for that purpose.
54	52		SECTION 5. This Act takes effect only if a specific
55	53		appropriation for the implementation of the Act is provided in a
56	54		general appropriations act of the 85th Legislature.
57	55		SECTION 6. This Act takes effect September 1, 2017.
	56	+	______________________________ ______________________________
	57	+	President of the Senate Speaker of the House
	58	+	I hereby certify that S.B. No. 738 passed the Senate on
	59	+	April 27, 2017, by the following vote: Yeas 31, Nays 0.
	60	+	______________________________
	61	+	Secretary of the Senate
	62	+	I hereby certify that S.B. No. 738 passed the House on
	63	+	May 24, 2017, by the following vote: Yeas 146, Nays 0, two
	64	+	present not voting.
	65	+	______________________________
	66	+	Chief Clerk of the House
	67	+	Approved:
	68	+	______________________________
	69	+	Date
	70	+	______________________________
	71	+	Governor