Texas 2021 - 87th Regular

Texas House Bill HB2200 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6502 BDP-F
2	2	By: Gates H.B. No. 2200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures in suits affecting the parent-child
8	8	relationship involving the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 51.014(a), Civil Practice and Remedies
12	12	Code, is amended to read as follows:
13	13	(a) A person may appeal from an interlocutory order of a
14	14	district court, county court at law, statutory probate court, or
15	15	county court that:
16	16	(1) appoints a receiver or trustee;
17	17	(2) overrules a motion to vacate an order that
18	18	appoints a receiver or trustee;
19	19	(3) certifies or refuses to certify a class in a suit
20	20	brought under Rule 42 of the Texas Rules of Civil Procedure;
21	21	(4) grants or refuses a temporary injunction or grants
22	22	or overrules a motion to dissolve a temporary injunction as
23	23	provided by Chapter 65;
24	24	(5) denies a motion for summary judgment that is based
25	25	on an assertion of immunity by an individual who is an officer or
26	26	employee of the state or a political subdivision of the state;
27	27	(6) denies a motion for summary judgment that is based
28	28	in whole or in part upon a claim against or defense by a member of
29	29	the electronic or print media, acting in such capacity, or a person
30	30	whose communication appears in or is published by the electronic or
31	31	print media, arising under the free speech or free press clause of
32	32	the First Amendment to the United States Constitution, or Article
33	33	I, Section 8, of the Texas Constitution, or Chapter 73;
34	34	(7) grants or denies the special appearance of a
35	35	defendant under Rule 120a, Texas Rules of Civil Procedure, except
36	36	in a suit brought under the Family Code;
37	37	(8) grants or denies a plea to the jurisdiction by a
38	38	governmental unit as that term is defined in Section 101.001;
39	39	(9) denies all or part of the relief sought by a motion
40	40	under Section 74.351(b), except that an appeal may not be taken from
41	41	an order granting an extension under Section 74.351;
42	42	(10) grants relief sought by a motion under Section
43	43	74.351(l);
44	44	(11) denies a motion to dismiss filed under Section
45	45	90.007;
46	46	(12) denies a motion to dismiss filed under Section
47	47	27.003;
48	48	(13) denies a motion for summary judgment filed by an
49	49	electric utility regarding liability in a suit subject to Section
50	50	75.0022; [or]
51	51	(14) denies a motion filed by a municipality with a
52	52	population of 500,000 or more in an action filed under Section
53	53	54.012(6) or 214.0012, Local Government Code; or
54	54	(15) affects rights and duties of a parent in a suit
55	55	filed by the Department of Family and Protective Services under
56	56	Chapter 262, Family Code.
57	57	SECTION 2. Section 105.001(e), Family Code, is amended to
58	58	read as follows:
59	59	(e) Except as provided by Section 51.014(a)(15), Civil
60	60	Practice and Remedies Code, temporary [Temporary] orders rendered
61	61	under this section are not subject to interlocutory appeal.
62	62	SECTION 3. Section 109.001(c), Family Code, is amended to
63	63	read as follows:
64	64	(c) Except as provided by Section 51.014(a)(15), Civil
65	65	Practice and Remedies Code, a [A] temporary order rendered under
66	66	this section is not subject to interlocutory appeal.
67	67	SECTION 4. Section 201.204(a), Family Code, is amended to
68	68	read as follows:
69	69	(a) On the motion of a party or the associate judge, an
70	70	associate judge shall [may] refer any [a complex] case back to the
71	71	referring court [for final disposition after recommending
72	72	temporary orders for the protection of a child].
73	73	SECTION 5. Section 262.206, Family Code, as added by
74	74	Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular
75	75	Session, 2017, is reenacted and amended to read as follows:
76	76	Sec. 262.206. EX PARTE HEARINGS [PROHIBITED]. (a) Unless
77	77	otherwise authorized by this chapter or other law, a hearing held by
78	78	a court in a suit under this chapter may not be ex parte.
79	79	(b) If the court holds an authorized ex parte hearing in a
80	80	suit under this chapter, the court shall provide a court reporter
81	81	to:
82	82	(1) transcribe the hearing, including all testimony
83	83	provided during the hearing, all objections, the court's ruling on
84	84	each objection and any explanation relating to the objection, and
85	85	exceptions to the rulings;
86	86	(2) provide a copy of the hearing transcript to the
87	87	court; and
88	88	(3) maintain the hearing transcript until the third
89	89	anniversary of the date of the hearing.
90	90	(c) A transcript produced under Subsection (b) is a document
91	91	that contains matters relevant to the subject matter of the action
92	92	for purposes of Rule 192.3, Texas Rules of Civil Procedure.
93	93	SECTION 6. The changes in law made by this Act apply only to
94	94	a suit filed by the Department of Family and Protective Services on
95	95	or after the effective date of this Act. A suit filed by the
96	96	department before that date is governed by the law in effect on the
97	97	date the suit was filed, and the former law is continued in effect
98	98	for that purpose.
99	99	SECTION 7. This Act takes effect September 1, 2021.