H.B. No. 369
AN ACT
relating to jurisdiction in a suit for adoption of a child and the
mandatory transfer of certain suits affecting the parent-child
relationship to the court in which a suit for adoption is pending.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.008(b), Family Code, is amended to
read as follows:
(b) The petition must include:
(1) a statement that:
(A) the court in which the petition is filed has
continuing, exclusive jurisdiction or that no court has continuing
jurisdiction of the suit; or
(B) in a suit in which adoption of a child is
requested, the court in which the petition is filed has
jurisdiction of the suit under Section 103.001(b);
(2) the name and date of birth of the child, except
that if adoption of a child is requested, the name of the child may
be omitted;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made;
(11) a statement as to whether, in regard to a party to
the suit or a child of a party to the suit:
(A) there is in effect:
(i) a protective order under Title 4;
(ii) a protective order under Chapter 7A,
Code of Criminal Procedure; or
(iii) an order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(B) an application for an order described by
Paragraph (A) is pending; and
(12) any other information required by this title.
SECTION 2. Section 103.001(b), Family Code, is amended to
read as follows:
(b) A suit in which adoption is requested may be filed in the
county where the child resides or in the county where the
petitioners reside, regardless of whether another court has
continuing exclusive jurisdiction under Chapter 155. Except as
provided by Section 155.201, a [A] court that has continuing
exclusive jurisdiction is not required to transfer the suit
affecting the parent-child relationship to the court in which the
adoption suit is filed.
SECTION 3. Section 155.201, Family Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) On the filing of a motion showing that a suit for
dissolution of the marriage of the child's parents has been filed in
another court and requesting a transfer to that court, the court
having continuing, exclusive jurisdiction of a suit affecting the
parent-child relationship shall, within the time required by
Section 155.204, transfer the proceedings to the court in which the
dissolution of the marriage is pending.
(a-1) On the filing of a motion showing that a suit in which
adoption of a child is requested has been filed in another court
located in the county in which the child resides as provided by
Section 103.001 and requesting a transfer to that court, the court
having continuing, exclusive jurisdiction of a suit affecting the
parent-child relationship with regard to that child shall, within
the time required by Section 155.204, transfer the proceedings to
the court in which the suit for adoption is pending.
(a-2) A [The] motion described by Subsection (a) or (a-1)
must comply with the requirements of Section 155.204(a).
SECTION 4. Section 155.204(a), Family Code, is amended to
read as follows:
(a) A motion to transfer under Section 155.201(a) or (a-1)
may be filed at any time. The motion must contain a certification
that all other parties, including the attorney general, if
applicable, have been informed of the filing of the motion.
SECTION 5. Section 102.008(b), Family Code, as amended by
this Act, applies to a petition in a suit affecting the parent-child
relationship filed on or after the effective date of this Act. A
petition filed before the effective date of this Act is governed by
the law in effect on the date the petition was filed, and the former
law is continued in effect for that purpose.
SECTION 6. The changes in law made by this Act to Sections
103.001, 155.201, and 155.204, Family Code, apply to a motion to
transfer a suit affecting the parent-child relationship filed on or
after the effective date of this Act. A motion to transfer 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 that
motion was filed, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 369 was passed by the House on April
17, 2019, by the following vote: Yeas 136, Nays 0, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 369 was passed by the Senate on May
21, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor