Texas 2019 - 86th Regular

Texas House Bill HB369 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 369
	1	+	By: Cain, et al. (Senate Sponsor - Huffman) H.B. No. 369
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 14, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 14, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to jurisdiction in a suit for adoption of a child and the
6	12		mandatory transfer of certain suits affecting the parent-child
7	13		relationship to the court in which a suit for adoption is pending.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 102.008(b), Family Code, is amended to
10	16		read as follows:
11	17		(b) The petition must include:
12	18		(1) a statement that:
13	19		(A) the court in which the petition is filed has
14	20		continuing, exclusive jurisdiction or that no court has continuing
15	21		jurisdiction of the suit; or
16	22		(B) in a suit in which adoption of a child is
17	23		requested, the court in which the petition is filed has
18	24		jurisdiction of the suit under Section 103.001(b);
19	25		(2) the name and date of birth of the child, except
20	26		that if adoption of a child is requested, the name of the child may
21	27		be omitted;
22	28		(3) the full name of the petitioner and the
23	29		petitioner's relationship to the child or the fact that no
24	30		relationship exists;
25	31		(4) the names of the parents, except in a suit in which
26	32		adoption is requested;
27	33		(5) the name of the managing conservator, if any, or
28	34		the child's custodian, if any, appointed by order of a court of
29	35		another state or country;
30	36		(6) the names of the guardians of the person and estate
31	37		of the child, if any;
32	38		(7) the names of possessory conservators or other
33	39		persons, if any, having possession of or access to the child under
34	40		an order of the court;
35	41		(8) the name of an alleged father of the child or a
36	42		statement that the identity of the father of the child is unknown;
37	43		(9) a full description and statement of value of all
38	44		property owned or possessed by the child;
39	45		(10) a statement describing what action the court is
40	46		requested to take concerning the child and the statutory grounds on
41	47		which the request is made;
42	48		(11) a statement as to whether, in regard to a party to
43	49		the suit or a child of a party to the suit:
44	50		(A) there is in effect:
45	51		(i) a protective order under Title 4;
46	52		(ii) a protective order under Chapter 7A,
47	53		Code of Criminal Procedure; or
48	54		(iii) an order for emergency protection
49	55		under Article 17.292, Code of Criminal Procedure; or
50	56		(B) an application for an order described by
51	57		Paragraph (A) is pending; and
52	58		(12) any other information required by this title.
53	59		SECTION 2. Section 103.001(b), Family Code, is amended to
54	60		read as follows:
55	61		(b) A suit in which adoption is requested may be filed in the
56	62		county where the child resides or in the county where the
57	63		petitioners reside, regardless of whether another court has
58	64		continuing exclusive jurisdiction under Chapter 155. Except as
59	65		provided by Section 155.201, a [A] court that has continuing
60	66		exclusive jurisdiction is not required to transfer the suit
61	67		affecting the parent-child relationship to the court in which the
62	68		adoption suit is filed.
63	69		SECTION 3. Section 155.201, Family Code, is amended by
64	70		amending Subsection (a) and adding Subsections (a-1) and (a-2) to
65	71		read as follows:
66	72		(a) On the filing of a motion showing that a suit for
67	73		dissolution of the marriage of the child's parents has been filed in
68	74		another court and requesting a transfer to that court, the court
69	75		having continuing, exclusive jurisdiction of a suit affecting the
70	76		parent-child relationship shall, within the time required by
71	77		Section 155.204, transfer the proceedings to the court in which the
72	78		dissolution of the marriage is pending.
73	79		(a-1) On the filing of a motion showing that a suit in which
74	80		adoption of a child is requested has been filed in another court
75	81		located in the county in which the child resides as provided by
76	82		Section 103.001 and requesting a transfer to that court, the court
77	83		having continuing, exclusive jurisdiction of a suit affecting the
78	84		parent-child relationship with regard to that child shall, within
79	85		the time required by Section 155.204, transfer the proceedings to
80	86		the court in which the suit for adoption is pending.
81	87		(a-2) A [The] motion described by Subsection (a) or (a-1)
82	88		must comply with the requirements of Section 155.204(a).
83	89		SECTION 4. Section 155.204(a), Family Code, is amended to
84	90		read as follows:
85	91		(a) A motion to transfer under Section 155.201(a) or (a-1)
86	92		may be filed at any time. The motion must contain a certification
87	93		that all other parties, including the attorney general, if
88	94		applicable, have been informed of the filing of the motion.
89	95		SECTION 5. Section 102.008(b), Family Code, as amended by
90	96		this Act, applies to a petition in a suit affecting the parent-child
91	97		relationship filed on or after the effective date of this Act. A
92	98		petition filed before the effective date of this Act is governed by
93	99		the law in effect on the date the petition was filed, and the former
94	100		law is continued in effect for that purpose.
95	101		SECTION 6. The changes in law made by this Act to Sections
96	102		103.001, 155.201, and 155.204, Family Code, apply to a motion to
97	103		transfer a suit affecting the parent-child relationship filed on or
98	104		after the effective date of this Act. A motion to transfer a suit
99	105		affecting the parent-child relationship filed before the effective
100	106		date of this Act is governed by the law in effect on the date that
101	107		motion was filed, and the former law is continued in effect for that
102	108		purpose.
103	109		SECTION 7. This Act takes effect September 1, 2019.
104		-	______________________________ ______________________________
105		-	President of the Senate Speaker of the House
106		-	I certify that H.B. No. 369 was passed by the House on April
107		-	17, 2019, by the following vote: Yeas 136, Nays 0, 3 present, not
108		-	voting.
109		-	______________________________
110		-	Chief Clerk of the House
111		-	I certify that H.B. No. 369 was passed by the Senate on May
112		-	21, 2019, by the following vote: Yeas 31, Nays 0.
113		-	______________________________
114		-	Secretary of the Senate
115		-	APPROVED: _____________________
116		-	Date
117		-	_____________________
118		-	Governor
	110	+	* * * * *