| 1 | 1 | | 88R2256 MLH-F |
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| 2 | 2 | | By: Hall S.B. No. 387 |
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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 procedures for ex parte hearings in a suit affecting the |
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| 8 | 8 | | parent-child relationship filed by the Department of Family and |
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| 9 | 9 | | Protective Services. |
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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 262.206, Family Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | Sec. 262.206. EX PARTE HEARINGS [PROHIBITED]. (a) Unless |
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| 14 | 14 | | otherwise authorized by this chapter or other law, a hearing held by |
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| 15 | 15 | | a court in a suit under this chapter may not be ex parte. |
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| 16 | 16 | | (b) A court that holds an ex parte hearing authorized by |
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| 17 | 17 | | this chapter shall prepare and keep a record of the hearing in the |
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| 18 | 18 | | form of an audio or video recording or a court reporter |
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| 19 | 19 | | transcription. |
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| 20 | 20 | | (c) On request of a party to the suit, the court shall |
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| 21 | 21 | | provide a copy of the record of an ex parte hearing to the party. |
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| 22 | 22 | | SECTION 2. The changes in law made by this Act apply only to |
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| 23 | 23 | | a suit filed by the Department of Family and Protective Services on |
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| 24 | 24 | | or after the effective date of this Act. A suit filed by the |
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| 25 | 25 | | department before that date is governed by the law in effect on the |
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| 26 | 26 | | date the suit was filed, and the former law is continued in effect |
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| 27 | 27 | | for that purpose. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2023. |
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