Tex. Fam. Code § 155.101-155.104
Tex. Fam. Code § 155.101-155.104 - Identification of Court of Continuing Exclusive Jurisdiction (2025)
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TEXAS FAMILY CODE Chapter 155, Subchapter B — IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE J CHAPTER 155 • CONTINUING, EXCLUSIVE JURISDICTION; TRANSFER Subchapter B: IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE JURISDICTION Sec. 155.101. REQUEST FOR IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE JURISDICTION. (a) The petitioner or the court shall request from the vital statistics unit identification of the court that last had continuing, exclusive jurisdiction of the child in a suit unless: (1) the petition alleges that no court has continuing, exclusive jurisdiction of the child and the issue is not disputed by the pleadings; or (2) the petition alleges that the court in which the suit or petition to modify has been filed has acquired and retains continuing, exclusive jurisdiction of the child as the result of a prior proceeding and the issue is not disputed by the pleadings. (b) The vital statistics unit shall, on the request of the Department of Family and Protective Services, the court, an attorney, or a party: (1) identify the court that last had continuing, exclusive jurisdiction of the child in a suit and give the docket number of the suit; or (2) state that the child has not been the subject of a suit. (c) The child shall be identified in the request by name, birthdate, and place of birth. (d) The vital statistics unit shall transmit the information not later than the 10th day after the date on which the request is received. (e) Using existing resources, the vital statistics unit shall establish an electronic process through which the Department of Family and Protective Services may request information under this section. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 44, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 178, Sec. 8, eff. Aug. . Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 44, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 178, Sec. 8, eff. Aug. 30, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.051, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 670 (H.B. 4795), Sec. 1, eff. September 1, 2025. Sec. 155.102. DISMISSAL. If a court in which a suit is filed determines that another court has continuing, exclusive jurisdiction of the child, the court in which the suit is filed shall dismiss the suit without prejudice. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 155.103. RELIANCE ON VITAL STATISTICS UNIT INFORMATION. (a) A court shall have jurisdiction over a suit if it has been, correctly or incorrectly, informed by the vital statistics unit that the child has not been the subject of a suit and the petition states that no other court has continuing, exclusive jurisdiction over the child. (b) If the vital statistics unit notifies the court that the unit has furnished incorrect information regarding the existence of another court with continuing, exclusive jurisdiction before the rendition of a final order, the provisions of this chapter apply. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 45, eff. Sept. 1, 1995. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 155, Subchapter B — IDENTIFICATION OF COURT OF CONTINUING, EXCLUSIVE J Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.052, eff. April 2, 2015. Sec. 155.104. VOIDABLE ORDER. (a) If a request for information from the vital statistics unit relating to the identity of the court having continuing, exclusive jurisdiction of the child has been made under this s OIDABLE ORDER. (a) If a request for information from the vital statistics unit relating to the identity of the court having continuing, exclusive jurisdiction of the child has been made under this subchapter, a final order, except an order of dismissal, may not be rendered until the information is filed with the court. (b) If a final order is rendered in the absence of the filing of the information from the vital statistics unit, the order is voidable on a showing that a court other than the court that rendered the order had continuing, exclusive jurisdiction. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 46, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.053, eff. April 2, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2