BILL ANALYSIS

H.B. 2658

By: Leach

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The 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, that a parent has committed certain offenses relating to the child, but also if they have been convicted of certain crimes, including capital murder, sexual assault, indecency with a child, sexual abuse of a child, trafficking, and criminal solicitation. However, criminal solicitation of a minor and online solicitation of a minor are not included among such offenses. H.B. 2658 seeks to include criminal solicitation of a minor and online solicitation of a minor among the convictions for which the parent-child relationship may be involuntarily terminated.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2658 amends the Family Code to authorize a court to order termination of the parent-child relationship if the court finds by clear and convincing evidence that termination is in the best interest of the child and that the parent has been convicted of any of the following offenses:

· criminal solicitation of a minor;

· online solicitation of a minor; or

· an offense 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 either such offense.

The bill applies only to a suit affecting the parent-child relationship filed on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.