| 1 | 1 | | 86R880 JSC-F |
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| 2 | 2 | | By: Hughes S.B. No. 1373 |
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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 loss of continuing, exclusive jurisdiction of a court |
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| 8 | 8 | | in certain suits affecting the parent-child relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 155.004(a), Family Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) A court of this state loses its continuing, exclusive |
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| 13 | 13 | | jurisdiction to modify its order if: |
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| 14 | 14 | | (1) an order of adoption is rendered by another [after |
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| 15 | 15 | | the] court in an original suit filed as described by Section |
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| 16 | 16 | | 103.001(b) [acquires continuing, exclusive jurisdiction of the |
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| 17 | 17 | | suit]; |
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| 18 | 18 | | (2) the parents of the child have remarried each other |
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| 19 | 19 | | after the dissolution of a previous marriage between them and file a |
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| 20 | 20 | | suit for the dissolution of their subsequent marriage combined with |
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| 21 | 21 | | a suit affecting the parent-child relationship as if there had not |
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| 22 | 22 | | been a prior court with continuing, exclusive jurisdiction over the |
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| 23 | 23 | | child; or |
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| 24 | 24 | | (3) another court assumed jurisdiction over a suit and |
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| 25 | 25 | | rendered a final order based on incorrect information received from |
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| 26 | 26 | | the vital statistics unit that there was no court of continuing, |
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| 27 | 27 | | exclusive jurisdiction. |
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| 28 | 28 | | SECTION 2. (a) The change in law made by this Act applies |
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| 29 | 29 | | only to an order of adoption rendered on or after the effective date |
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| 30 | 30 | | of this Act. |
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| 31 | 31 | | (b) Notwithstanding Subsection (a) of this section, an |
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| 32 | 32 | | order of adoption rendered in an original suit filed as described by |
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| 33 | 33 | | Section 103.001(b), Family Code, on or after September 1, 2015, but |
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| 34 | 34 | | before the effective date of this Act by a court that would have |
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| 35 | 35 | | exclusive jurisdiction to render the order as a result of a court of |
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| 36 | 36 | | this state losing its continuing, exclusive jurisdiction under |
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| 37 | 37 | | Section 155.004(a), Family Code, as amended by this Act, is a final |
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| 38 | 38 | | order and is not subject to an appeal on that basis. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2019. |
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