Old | New | Differences | |
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1 | - | 87R26277 MCK-F | |
2 | - | By: Perry, et al. S.B. No. 185 | |
3 | - | (White) | |
4 | - | Substitute the following for S.B. No. 185: No. | |
1 | + | By: Perry, Hughes S.B. No. 185 | |
5 | 2 | ||
6 | 3 | ||
7 | 4 | A BILL TO BE ENTITLED | |
8 | 5 | AN ACT | |
9 | - | relating to the time for | |
6 | + | relating to the time for rendering a final order in certain suits | |
10 | 7 | affecting the parent-child relationship involving the Department | |
11 | 8 | of Family and Protective Services. | |
12 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
13 | 10 | SECTION 1. Subchapter E, Chapter 263, Family Code, is | |
14 | 11 | amended by adding Section 263.4011 to read as follows: | |
15 | 12 | Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On | |
16 | 13 | timely commencement of the trial on the merits under Section | |
17 | 14 | 263.401, the court shall render a final order not later than the | |
18 | 15 | 90th day after the date the trial commences. | |
19 | 16 | (b) The 90-day period for rendering a final order under | |
20 | 17 | Subsection (a) is not tolled for any recess during the trial. | |
21 | - | (c) The court may extend the 90-day period under Subsection | |
22 | - | (a) for the period the court determines necessary if, after a | |
23 | - | hearing, the court finds good cause for the extension. If the court | |
24 | - | grants a good cause extension under this subsection, the court | |
25 | - | shall render a written order specifying: | |
26 | - | (1) the grounds on which the extension is granted; and | |
27 | - | (2) the length of the extension. | |
18 | + | (c) If the court finds that extraordinary circumstances | |
19 | + | necessitate extending the 90-day period under Subsection (a), the | |
20 | + | court may grant one extension of that date for not longer than 30 | |
21 | + | days. The court shall render a written order: | |
22 | + | (1) specifying the grounds on which the extension is | |
23 | + | granted; and | |
24 | + | (2) requiring a final order to be rendered not later | |
25 | + | than the 30th day after the date the extension is granted. | |
28 | 26 | (d) A party may file a mandamus proceeding if the court | |
29 | 27 | fails to render a final order within the time required by this | |
30 | 28 | section. | |
31 | 29 | SECTION 2. Section 263.4011, Family Code, as added by this | |
32 | 30 | Act, applies only to a suit affecting the parent-child relationship | |
33 | 31 | filed on or after the effective date of this Act. A suit affecting | |
34 | 32 | the parent-child relationship filed before that date is governed by | |
35 | 33 | the law in effect on the date the suit was filed, and that law is | |
36 | 34 | continued in effect for that purpose. | |
37 | 35 | SECTION 3. This Act takes effect September 1, 2021. |