BILL ANALYSIS

Senate Research Center	H.B. 2658
88R10376 PRL-D	By: Leach (Middleton)
	Health & Human Services
	5/12/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Chapter 161 of the Texas Family Code provides a list of grounds for which parental rights may be involuntarily terminated. A court may terminate parental rights if they find, by clear and convincing evidence, a parent has committed certain offenses relating to the child, but also if they have been convicted of certain crimes.

Examples of these crimes include capital murder, sexual assault, indecency with a child, sexual abuse of a child, trafficking, among many others, including criminal solicitation. However, both criminal solicitation of a minor and online solicitation of a minor were left out of the statute.

H.B. 2658 seeks to remedy this gap in statute by adding criminal solicitation of a minor and online solicitation of a minor to the list of convictions for which parental rights may be involuntarily terminated.

H.B. 2658 amends current law relating to grounds for the involuntary termination of the parent-child relationship.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 161.001(b), Family Code, as follows:

(b) Authorizes the court to order termination of the parent-child relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A)-(S) makes no changes to these paragraphs;

(T)-(U) makes nonsubstantive changes to these paragraphs; or

(V) been convicted of:

(i) criminal solicitation of a minor under Section 15.031 (Criminal Solicitation of a Minor), Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 15.031, Penal Code; or

(ii)� online solicitation of a minor under Section 33.021 (Online Solicitation of a Minor), Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 33.021, Penal Code; and

(2) makes no changes to this subdivision.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.