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.