88R5627 BDP-D
By: Thimesch H.B. No. 2439
A BILL TO BE ENTITLED
AN ACT
relating to the individuals to whom notice and information must be
provided after the Department of Family and Protective Services or
another agency takes possession of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.109(d), Family Code, is amended to
read as follows:
(d) The written notice may be waived by the court at the
initial hearing:
(1) on a showing that:
(A) the parents, conservators, or other
custodians of the child could not be located; or
(B) the department took possession of the child
under Subchapter D; [or]
(2) if the court finds that the alleged father
committed the offense of trafficking of persons as defined by
Article 56B.003, Code of Criminal Procedure, against the mother of
the child; or
(3) for other good cause.
SECTION 2. Section 262.1095(c), Family Code, is amended to
read as follows:
(c) The department is not required to provide information to
an individual if:
(1) the individual has received service of citation
under Section 102.009; [or if]
(2) the department determines providing information
is inappropriate because the individual has a criminal history or a
history of family violence; or
(3) the department is aware or believes that the
alleged father committed the offense of trafficking of persons as
defined by Article 56B.003, Code of Criminal Procedure, against the
mother of the child.
SECTION 3. The changes in law made by this Act apply 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 the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2023.