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.