| 1 | 1 | | 85R778 MCK-D |
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| 2 | 2 | | By: Hughes S.B. No. 874 |
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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 mandatory dismissal of certain suits affecting the |
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| 8 | 8 | | parent-child relationship involving the Department of Family and |
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| 9 | 9 | | Protective Services. |
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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. Section 263.401, Family Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; |
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| 14 | 14 | | EXTENSION. (a) Unless the court has commenced the trial on the |
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| 15 | 15 | | merits or granted an extension under Subsection (b) or (b-1), on the |
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| 16 | 16 | | first Monday after the first anniversary of the date the court |
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| 17 | 17 | | rendered a temporary order appointing the department as temporary |
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| 18 | 18 | | managing conservator, the court's jurisdiction over [court shall |
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| 19 | 19 | | dismiss] the suit affecting the parent-child relationship filed by |
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| 20 | 20 | | the department that requests termination of the parent-child |
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| 21 | 21 | | relationship or requests that the department be named conservator |
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| 22 | 22 | | of the child is terminated and the suit is automatically dismissed |
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| 23 | 23 | | without a court order. |
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| 24 | 24 | | (b) Unless the court has commenced the trial on the merits, |
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| 25 | 25 | | the court may not retain the suit on the court's docket after the |
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| 26 | 26 | | time described by Subsection (a) unless the court finds that |
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| 27 | 27 | | extraordinary circumstances necessitate the child remaining in the |
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| 28 | 28 | | temporary managing conservatorship of the department and that |
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| 29 | 29 | | continuing the appointment of the department as temporary managing |
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| 30 | 30 | | conservator is in the best interest of the child. If the court |
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| 31 | 31 | | makes those findings, the court may retain the suit on the court's |
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| 32 | 32 | | docket for a period not to exceed 180 days after the time described |
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| 33 | 33 | | by Subsection (a). If the court retains the suit on the court's |
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| 34 | 34 | | docket, the court shall render an order in which the court: |
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| 35 | 35 | | (1) schedules the new date on which the suit will be |
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| 36 | 36 | | automatically dismissed if the trial on the merits has not |
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| 37 | 37 | | commenced, which date must be not later than the 180th day after the |
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| 38 | 38 | | time described by Subsection (a); |
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| 39 | 39 | | (2) makes further temporary orders for the safety and |
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| 40 | 40 | | welfare of the child as necessary to avoid further delay in |
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| 41 | 41 | | resolving the suit; and |
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| 42 | 42 | | (3) sets the trial on the merits on a date not later |
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| 43 | 43 | | than the date specified under Subdivision (1). |
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| 44 | 44 | | (b-1) If, after commencement of the initial trial on the |
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| 45 | 45 | | merits within the time required by Subsection (a) or (b), the court |
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| 46 | 46 | | grants a motion for a new trial or mistrial, or the case is remanded |
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| 47 | 47 | | to the court by an appellate court following an appeal of the |
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| 48 | 48 | | court's final order, the court shall retain the suit on the court's |
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| 49 | 49 | | docket and render an order in which the court: |
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| 50 | 50 | | (1) schedules a new date on which the suit will be |
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| 51 | 51 | | automatically dismissed if the new trial has not commenced, which |
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| 52 | 52 | | must be a date not later than the 180th day after the date on which: |
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| 53 | 53 | | (A) the motion for a new trial or mistrial is |
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| 54 | 54 | | granted; or |
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| 55 | 55 | | (B) the appellate court remanded the case; |
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| 56 | 56 | | (2) makes further temporary orders for the safety and |
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| 57 | 57 | | welfare of the child as necessary to avoid further delay in |
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| 58 | 58 | | resolving the suit; and |
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| 59 | 59 | | (3) sets the new trial on the merits for a date not |
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| 60 | 60 | | later than the date specified under Subdivision (1). |
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| 61 | 61 | | (c) If the court grants an extension under Subsection (b) or |
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| 62 | 62 | | (b-1) but does not commence the trial on the merits before the |
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| 63 | 63 | | dismissal date, the court's jurisdiction over [court shall dismiss] |
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| 64 | 64 | | the suit is terminated and the suit is automatically dismissed |
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| 65 | 65 | | without a court order. The court may not grant an additional |
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| 66 | 66 | | extension that extends the suit beyond the required date for |
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| 67 | 67 | | dismissal under Subsection (b) or (b-1), as applicable. |
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| 68 | 68 | | SECTION 2. The changes in law made by this Act to Section |
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| 69 | 69 | | 263.401, Family Code, apply only to a suit affecting the |
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| 70 | 70 | | parent-child relationship filed on or after the effective date of |
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| 71 | 71 | | this Act. A suit affecting the parent-child relationship filed |
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| 72 | 72 | | before the effective date of this Act is governed by the law in |
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| 73 | 73 | | effect on the date the suit was filed, and the former law is |
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| 74 | 74 | | continued in effect for that purpose. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2017. |
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