| 1 | 1 | | 87R638 MCK-F |
|---|
| 2 | 2 | | By: White H.B. No. 576 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the time for rendering a final order in certain suits |
|---|
| 8 | 8 | | affecting the parent-child relationship involving the Department |
|---|
| 9 | 9 | | of Family and Protective Services. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter E, Chapter 263, Family Code, is |
|---|
| 12 | 12 | | amended by adding Section 263.4011 to read as follows: |
|---|
| 13 | 13 | | Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On |
|---|
| 14 | 14 | | timely commencement of the trial on the merits under Section |
|---|
| 15 | 15 | | 263.401, the court shall render a final order not later than the |
|---|
| 16 | 16 | | 90th day after the date the trial commences. |
|---|
| 17 | 17 | | (b) The 90-day period for rendering a final order under |
|---|
| 18 | 18 | | Subsection (a) is not tolled for any recess during the trial. |
|---|
| 19 | 19 | | (c) If the court finds that extraordinary circumstances |
|---|
| 20 | 20 | | necessitate extending the 90-day period under Subsection (a), the |
|---|
| 21 | 21 | | court may grant one extension of that date for not longer than 30 |
|---|
| 22 | 22 | | days. The court shall render a written order: |
|---|
| 23 | 23 | | (1) specifying the grounds on which the extension is |
|---|
| 24 | 24 | | granted; and |
|---|
| 25 | 25 | | (2) requiring a final order to be rendered not later |
|---|
| 26 | 26 | | than the 30th day after the date the extension is granted. |
|---|
| 27 | 27 | | (d) A party may file a mandamus proceeding if the court |
|---|
| 28 | 28 | | fails to render a final order within the time required by this |
|---|
| 29 | 29 | | section. |
|---|
| 30 | 30 | | SECTION 2. Section 263.4011, Family Code, as added by this |
|---|
| 31 | 31 | | Act, applies only to a suit affecting the parent-child relationship |
|---|
| 32 | 32 | | filed on or after the effective date of this Act. A suit affecting |
|---|
| 33 | 33 | | the parent-child relationship filed before that date is governed by |
|---|
| 34 | 34 | | the law in effect on the date the suit was filed, and that law is |
|---|
| 35 | 35 | | continued in effect for that purpose. |
|---|
| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|