Bill Text: TX HB1854 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to loss of continuing, exclusive jurisdiction of a court in certain suits affecting the parent-child relationship.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-05-23 - Effective on 9/1/19 [HB1854 Detail]

Download: Texas-2019-HB1854-Comm_Sub.html
 
 
  By: Dutton (Senate Sponsor - Hughes) H.B. No. 1854
         (In the Senate - Received from the House April 23, 2019;
  April 24, 2019, read first time and referred to Committee on State
  Affairs; April 29, 2019, reported favorably by the following vote:  
  Yeas 8, Nays 0; April 29, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to loss of continuing, exclusive jurisdiction of a court
  in certain suits affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 155.004(a), Family Code, is amended to
  read as follows:
         (a)  A court of this state loses its continuing, exclusive
  jurisdiction to modify its order if:
               (1)  an order of adoption is rendered by another [after
  the] court in an original suit filed as described by Section
  103.001(b) [acquires continuing, exclusive jurisdiction of the
  suit];
               (2)  the parents of the child have remarried each other
  after the dissolution of a previous marriage between them and file a
  suit for the dissolution of their subsequent marriage combined with
  a suit affecting the parent-child relationship as if there had not
  been a prior court with continuing, exclusive jurisdiction over the
  child; or
               (3)  another court assumed jurisdiction over a suit and
  rendered a final order based on incorrect information received from
  the vital statistics unit that there was no court of continuing,
  exclusive jurisdiction.
         SECTION 2.  (a)  The change in law made by this Act applies
  only to an order of adoption rendered on or after the effective date
  of this Act.
         (b)  Notwithstanding Subsection (a) of this section, an
  order of adoption rendered in a suit filed as described by Section
  103.001(b), Family Code, on or after September 1, 2015, but before
  the effective date of this Act by a court that had jurisdiction
  under that section to render the order of adoption regardless of
  whether another court had continuing, exclusive jurisdiction under
  Chapter 155, Family Code, is a final order and is not subject to an
  appeal on the basis that the court rendering the order of adoption
  did not have continuing, exclusive jurisdiction at the time the
  adoption order was rendered.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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