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


Office of House Bill AnalysisH.B. 2381
By: Thompson
Juvenile Justice & Family Issues
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a trial or an appellate court is authorized to suspend
the operation of a judgment involving the parent-child relationship.
Because there is no express limitation, these provisions appear to
authorize the suspension of such a judgment even in a suit brought by the
state or an authorized political subdivision, such as the Department of
Protective and Regulatory Services.  Although there are several protections
and procedures under current law for the child's placement during the
pendency of a suit to terminate parental rights, there are no express
procedures in place in the event of a suspension.  The appeals process
could conceivably last 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 leave 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.