By Puente                                             H.B. No. 1639
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the termination of the parent-child relationship.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 15.02, Family Code, is amended to read as
    1-5  follows:
    1-6        Sec. 15.02.  Involuntary Termination of Parental Rights.  (a)
    1-7  Except as provided by Subsection (b) of this section, a <A>
    1-8  petition requesting termination of the parent-child relationship
    1-9  with respect to a parent who is not the petitioner may be granted
   1-10  if the court finds that:
   1-11              (1)  the parent has:
   1-12                    (A)  voluntarily left the child alone or in the
   1-13  possession of another not the parent and expressed an intent not to
   1-14  return; or
   1-15                    (B)  voluntarily left the child alone or in the
   1-16  possession of another not the parent without expressing an intent
   1-17  to return, without providing for the adequate support of the child,
   1-18  and remained away for a period of at least three months; or
   1-19                    (C)  voluntarily left the child alone or in the
   1-20  possession of another without providing adequate support of the
   1-21  child and remained away for a period of at least six months; or
   1-22                    (D)  knowingly placed or knowingly allowed the
   1-23  child to remain in conditions or surroundings which endanger the
   1-24  physical or emotional well-being of the child; or
    2-1                    (E)  engaged in conduct or knowingly placed the
    2-2  child with persons who engaged in conduct which endangers the
    2-3  physical or emotional well-being of the child; or
    2-4                    (F)  failed to support the child in accordance
    2-5  with his ability during a period of one year ending within six
    2-6  months of the date of the filing of the petition; or
    2-7                    (G)  abandoned the child without identifying the
    2-8  child or furnishing means of identification, and the child's
    2-9  identity cannot be ascertained by the exercise of reasonable
   2-10  diligence; or
   2-11                    (H)  voluntarily, and with knowledge of the
   2-12  pregnancy, abandoned the mother of the child beginning at a time
   2-13  during her pregnancy with the child and continuing through the
   2-14  birth, failed to provide adequate support or medical care for the
   2-15  mother during the period of abandonment before the birth of the
   2-16  child, and remained apart from the child or failed to support the
   2-17  child since the birth; or
   2-18                    (I)  contumaciously refused to submit to a
   2-19  reasonable and lawful order of a court under Section 34.05 of this
   2-20  code; or
   2-21                    (J)  been the major cause of:
   2-22                          (i)  the failure of the child to be
   2-23  enrolled in school as required by the Texas Education Code; or
   2-24                          (ii)  the child's absence from his home
   2-25  without the consent of his parents or guardian for a substantial
   2-26  length of time or without the intent to return; or
   2-27                    (K)  executed before or after the suit is filed
    3-1  an unrevoked or irrevocable affidavit of relinquishment of parental
    3-2  rights as provided by Section 15.03 of this code; or
    3-3                    (L)  been adjudicated to be criminally
    3-4  responsible for the death or serious injury of another of his or
    3-5  her children; or
    3-6                    (M)  had his or her parent-child relationship
    3-7  terminated with respect to another child based on a finding that
    3-8  the parent's conduct was in violation of Paragraph (D) or (E) of
    3-9  this subdivision; and in addition, the court further finds that
   3-10              (2)  termination is in the best interest of the child.
   3-11        (b)  A petition requesting termination of the parent-child
   3-12  relationship with respect to a parent who is not the petitioner
   3-13  that is filed after the court has entered an order or decree under
   3-14  Section 15.05(c) of this code denying a petition to terminate the
   3-15  parent-child relationship of that parent may be granted only as
   3-16  provided by Section 15.025 of this code.
   3-17        SECTION 2.  Chapter 15, Family Code, is amended by adding
   3-18  Section 15.025 to read as follows:
   3-19        Sec. 15.025.  TERMINATION OF PARENTAL RIGHTS AFTER DENIAL OF
   3-20  PRIOR PETITION TO TERMINATE.  (a)  The court may grant a petition
   3-21  to terminate the parent-child relationship of a parent who is not
   3-22  the petitioner after an order or decree under Section 15.05(c) of
   3-23  this code that denied a petition to terminate the parent-child
   3-24  relationship of that parent has been entered only if:
   3-25              (1)  the petition under this section is filed after the
   3-26  date the order or decree under Section 15.05(c) of this code is
   3-27  entered; and
    4-1              (2)  the court makes a finding under Subsection (b) or
    4-2  (c) of this section.
    4-3        (b)  The court may grant a petition to terminate under
    4-4  Subsection (a) of this section if the court finds clear and
    4-5  convincing evidence that:
    4-6              (1)  since the date the order or decree under Section
    4-7  15.05(c) of this code was entered the parent committed an act
    4-8  listed under Section 15.02(a)(1) of this code; and
    4-9              (2)  termination is in the best interest of the child.
   4-10        (c)  The court may grant a petition to terminate under
   4-11  Subsection (a) of this section if the court finds clear and
   4-12  convincing evidence that:
   4-13              (1)  the circumstances of the child, parent, sole
   4-14  managing conservator, possessory conservator, or another party
   4-15  affected by the order or decree under Section 15.05(c) of this code
   4-16  have materially and substantially changed since the date that order
   4-17  or decree was entered;
   4-18              (2)  the parent committed an act listed under Section
   4-19  15.02(a)(1) of this code before the date the court's order or
   4-20  decree under Section 15.05(c) was entered; and
   4-21              (3)  termination is in the best interest of the child.
   4-22        (d)  At the hearing on a petition under this section, the
   4-23  court may consider evidence presented at a previous hearing on a
   4-24  petition to terminate the parent-child relationship of the parent
   4-25  with respect to the same child.
   4-26        SECTION 3.  Section 11.08, Family Code, is amended by adding
   4-27  Subsection (e) to read as follows:
    5-1        (e)  A petition for the involuntary termination of the
    5-2  parent-child relationship that alleges in the statutory language
    5-3  each statutory ground for the termination relied on and that
    5-4  alleges that the termination is in the best interest of the child
    5-5  is sufficient without the necessity of specifying the underlying
    5-6  facts.
    5-7        SECTION 4.  This Act takes effect September 1, 1993, and
    5-8  applies only to a petition to terminate the parent-child
    5-9  relationship filed after a court order or decree that denied a
   5-10  petition to terminate the parent-child relationship if the court
   5-11  order or decree was entered on or after that date.
   5-12        SECTION 5.  The importance of this legislation and the
   5-13  crowded condition of the calendars in both houses create an
   5-14  emergency and an imperative public necessity that the
   5-15  constitutional rule requiring bills to be read on three several
   5-16  days in each house be suspended, and this rule is hereby suspended.