88R2256 MLH-F
By: Hall S.B. No. 387
A BILL TO BE ENTITLED
AN ACT
relating to procedures for ex parte hearings in a suit affecting the
parent-child relationship filed by the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.206, Family Code, is amended to read
as follows:
Sec. 262.206. EX PARTE HEARINGS [PROHIBITED]. (a) Unless
otherwise authorized by this chapter or other law, a hearing held by
a court in a suit under this chapter may not be ex parte.
(b) A court that holds an ex parte hearing authorized by
this chapter shall prepare and keep a record of the hearing in the
form of an audio or video recording or a court reporter
transcription.
(c) On request of a party to the suit, the court shall
provide a copy of the record of an ex parte hearing to the party.
SECTION 2. The changes in law made by this Act apply only to
a suit filed by the Department of Family and Protective Services on
or after the effective date of this Act. A suit filed by the
department before that date is governed by the law in effect on the
date the suit was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.