By: Perry, Hughes S.B. No. 185
A BILL TO BE ENTITLED
AN ACT
relating to the time for rendering a final order in certain suits
affecting the parent-child relationship involving the Department
of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4011 to read as follows:
Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On
timely commencement of the trial on the merits under Section
263.401, the court shall render a final order not later than the
90th day after the date the trial commences.
(b) The 90-day period for rendering a final order under
Subsection (a) is not tolled for any recess during the trial.
(c) If the court finds that extraordinary circumstances
necessitate extending the 90-day period under Subsection (a), the
court may grant one extension of that date for not longer than 30
days. The court shall render a written order:
(1) specifying the grounds on which the extension is
granted; and
(2) requiring a final order to be rendered not later
than the 30th day after the date the extension is granted.
(d) A party may file a mandamus proceeding if the court
fails to render a final order within the time required by this
section.
SECTION 2. Section 263.4011, Family Code, as added by this
Act, applies only to a suit affecting the parent-child relationship
filed on or after the effective date of this Act. A suit affecting
the parent-child relationship filed before that date is governed by
the law in effect on the date the suit was filed, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.