HBA-EDN H.B. 2381 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2381
By: Thompson
Juvenile Justice & Family Issues
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a trial or an appellate court was authorized
to suspend the operation of a judgment  involving the parent-child
relationship.  Because there was no express limitation, these provisions
appeared to authorize the suspension of such a judgment even in a suit
brought by the state or an authorized political subdivision, such as DPRS.
Although there were several protections and procedures under previous law
for the child's placement during the pendency of a suit to terminate
parental rights, there were no express procedures in place in the event of
a suspension.  The appeals process could conceivably have lasted longer
than the time period involved in the pendency of a suit for termination at
trial, and as a result, a final judgment suspended by a trial court may
have left the parties to the suit in limbo without the protections afforded
before the appeal.  House Bill 2381 prohibits a trial or an appellate court
from suspending a judgment that terminates the parent-child relationship in
a suit brought by the state or an authorized political subdivision of the
state.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2381 amends the Family Code to prohibit a trial or an appellate
court from suspending the operation of an order or judgment terminating the
parent-child relationship in a suit brought by the state or a political
subdivision of the state permitted by law to bring the suit.  The bill
requires an appeal in a suit in which termination of the parent-child
relationship is at issue to be accelerated by the appellate courts and
provides that procedures for an accelerated appeal under the Texas Rules of
Appellate Procedure apply to such an appeal.   

EFFECTIVE DATE

September 1, 2001.