| 1 | 1 | | 88R5627 BDP-D |
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| 2 | 2 | | By: Thimesch H.B. No. 2439 |
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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 the individuals to whom notice and information must be |
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| 8 | 8 | | provided after the Department of Family and Protective Services or |
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| 9 | 9 | | another agency takes possession of a 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 262.109(d), Family Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (d) The written notice may be waived by the court at the |
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| 14 | 14 | | initial hearing: |
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| 15 | 15 | | (1) on a showing that: |
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| 16 | 16 | | (A) the parents, conservators, or other |
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| 17 | 17 | | custodians of the child could not be located; or |
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| 18 | 18 | | (B) the department took possession of the child |
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| 19 | 19 | | under Subchapter D; [or] |
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| 20 | 20 | | (2) if the court finds that the alleged father |
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| 21 | 21 | | committed the offense of trafficking of persons as defined by |
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| 22 | 22 | | Article 56B.003, Code of Criminal Procedure, against the mother of |
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| 23 | 23 | | the child; or |
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| 24 | 24 | | (3) for other good cause. |
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| 25 | 25 | | SECTION 2. Section 262.1095(c), Family Code, is amended to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | (c) The department is not required to provide information to |
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| 28 | 28 | | an individual if: |
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| 29 | 29 | | (1) the individual has received service of citation |
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| 30 | 30 | | under Section 102.009; [or if] |
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| 31 | 31 | | (2) the department determines providing information |
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| 32 | 32 | | is inappropriate because the individual has a criminal history or a |
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| 33 | 33 | | history of family violence; or |
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| 34 | 34 | | (3) the department is aware or believes that the |
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| 35 | 35 | | alleged father committed the offense of trafficking of persons as |
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| 36 | 36 | | defined by Article 56B.003, Code of Criminal Procedure, against the |
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| 37 | 37 | | mother of the child. |
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| 38 | 38 | | SECTION 3. The changes in law made by this Act apply only to |
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| 39 | 39 | | a suit affecting the parent-child relationship filed on or after |
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| 40 | 40 | | the effective date of this Act. A suit affecting the parent-child |
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| 41 | 41 | | relationship filed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect immediately before the effective date |
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| 43 | 43 | | of this Act, and the former law is continued in effect for that |
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| 44 | 44 | | purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2023. |
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