Texas § FA.155.204 - PROCEDURE FOR TRANSFER

§ FA.155.204. PROCEDURE FOR TRANSFER

PROCEDURE FOR TRANSFER. (a) A motion to transfer under Section 155.201 (a) or (a-1) may be filed at any time. The motion must contain a certification that all other parties, including the attorney general, if applicable, have been informed of the filing of the motion. (b) Except as provided by Subsection (a) or Section 262.203 , a motion to transfer by a petitioner or movant is timely if it is made at the time the initial pleadings are filed. A motion to transfer by another party is timely if it is made on or before the first Monday after the 20th day after the date of service of citation or notice of the suit or before the commencement of the hearing, whichever is sooner. (c) If a timely motion to transfer has been filed and no controverting affidavit is filed within the period allowed for its filing, the proceeding shall, not later than the 21st day after the final date of the period allowed for the filing of a controverting affidavit, be transferred without a hearing to the proper court. (d) On or before the first Monday after the 20th day after the date of notice of a motion to transfer is served, a party desiring to contest the motion must file a controverting affidavit denying that grounds for the transfer exist. (e) If a controverting affidavit contesting the motion to transfer is filed, each party is entitled to notice not less than 10 days before the date of the hearing on the motion to transfer. (f) Only evidence pertaining to the transfer may be taken at the hearing. (g) If the court finds after the hearing on the motion to transfer that grounds for the transfer exist, the proceeding shall be transferred to the proper court not later than the 21st day after the date the hearing is concluded. (h) An order transferring or refusing to transfer the proceeding is not subject to interlocutory appeal. (i) If a transfer order has been signed by a court exercising jurisdiction under Chapter 262 , the Department of Family and Protective Services shall file the transfer order with the clerk of the court of continuing, exclusive jurisdiction. On receipt and without a hearing or further order from the court of continuing, exclusive jurisdiction, the clerk of the court of continuing, exclusive jurisdiction shall transfer the files as provided by this subchapter within the time required by Section 155.207 (a). Notwithstanding the amendments made to Subsection (i) of this section by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7 ), Sec. 11, and Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999 ), Sec. 2, identical amendments to Subsection (i) of this section were made by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738 ), and take effect only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738 ), Sec. 5, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 14, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 916 (H.B. 260 ), Sec. 15, eff. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7 ), Sec. 11, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 572 (S.B. 738 ), Sec. 2, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 910 (S.B. 999 ), Sec. 2, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 722 (H.B. 369 ), Sec. 4, eff. September 1, 2019.