| 1 | 1 | | 87R9674 MCK-D |
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| 2 | 2 | | By: Dutton H.B. No. 2935 |
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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 suits affecting the parent-child relationship filed by |
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| 8 | 8 | | the Department of Family and Protective Services without taking |
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| 9 | 9 | | possession of the child. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 262.201(e), Family Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (e) The court may, for good cause shown, postpone the full |
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| 14 | 14 | | adversary hearing for not more than seven days from the date of the |
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| 15 | 15 | | attorney's appointment to provide the attorney time to respond to |
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| 16 | 16 | | the petition and prepare for the hearing. The court may shorten or |
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| 17 | 17 | | lengthen the extension granted under this subsection if the parent |
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| 18 | 18 | | and the appointed attorney agree in writing. If the court postpones |
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| 19 | 19 | | the full adversary hearing, the court shall extend a temporary |
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| 20 | 20 | | order, temporary restraining order, or attachment issued by the |
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| 21 | 21 | | court under Section 262.102(a) [or Section 262.1131] for the |
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| 22 | 22 | | protection of the child until the date of the rescheduled full |
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| 23 | 23 | | adversary hearing. |
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| 24 | 24 | | SECTION 2. The following provisions of the Family Code are |
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| 25 | 25 | | repealed: |
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| 26 | 26 | | (1) Section 262.113; |
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| 27 | 27 | | (2) Section 262.1131; and |
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| 28 | 28 | | (3) Sections 262.201(b) and (j). |
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| 29 | 29 | | SECTION 3. The changes in law made by this Act apply only to |
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| 30 | 30 | | a suit filed by the Department of Family and Protective Services on |
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| 31 | 31 | | or after the effective date of this Act. A suit filed by the |
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| 32 | 32 | | department before that date is governed by the law in effect on the |
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| 33 | 33 | | date the suit was filed, and the former law is continued in effect |
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| 34 | 34 | | for that purpose. |
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| 35 | 35 | | SECTION 4. This Act takes effect September 1, 2021. |
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