85R778 MCK-D
By: Hughes S.B. No. 874
A BILL TO BE ENTITLED
AN ACT
relating to the mandatory dismissal of certain suits affecting the
parent-child relationship involving the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.401, Family Code, is amended to read
as follows:
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
EXTENSION. (a) Unless the court has commenced the trial on the
merits or granted an extension under Subsection (b) or (b-1), on the
first Monday after the first anniversary of the date the court
rendered a temporary order appointing the department as temporary
managing conservator, the court's jurisdiction over [court shall
dismiss] the suit affecting the parent-child relationship filed by
the department that requests termination of the parent-child
relationship or requests that the department be named conservator
of the child is terminated and the suit is automatically dismissed
without a court order.
(b) Unless the court has commenced the trial on the merits,
the court may not retain the suit on the court's docket after the
time described by Subsection (a) unless the court finds that
extraordinary circumstances necessitate the child remaining in the
temporary managing conservatorship of the department and that
continuing the appointment of the department as temporary managing
conservator is in the best interest of the child. If the court
makes those findings, the court may retain the suit on the court's
docket for a period not to exceed 180 days after the time described
by Subsection (a). If the court retains the suit on the court's
docket, the court shall render an order in which the court:
(1) schedules the new date on which the suit will be
automatically dismissed if the trial on the merits has not
commenced, which date must be not later than the 180th day after the
time described by Subsection (a);
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits on a date not later
than the date specified under Subdivision (1).
(b-1) If, after commencement of the initial trial on the
merits within the time required by Subsection (a) or (b), the court
grants a motion for a new trial or mistrial, or the case is remanded
to the court by an appellate court following an appeal of the
court's final order, the court shall retain the suit on the court's
docket and render an order in which the court:
(1) schedules a new date on which the suit will be
automatically dismissed if the new trial has not commenced, which
must be a date not later than the 180th day after the date on which:
(A) the motion for a new trial or mistrial is
granted; or
(B) the appellate court remanded the case;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the new trial on the merits for a date not
later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
(b-1) but does not commence the trial on the merits before the
dismissal date, the court's jurisdiction over [court shall dismiss]
the suit is terminated and the suit is automatically dismissed
without a court order. The court may not grant an additional
extension that extends the suit beyond the required date for
dismissal under Subsection (b) or (b-1), as applicable.
SECTION 2. The changes in law made by this Act to Section
263.401, Family Code, apply only 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 3. This Act takes effect September 1, 2017.