1-1 By: Zaffirini S.B. No. 1260
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1260 By: Harris of Tarrant
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the involuntary termination of the parent-child
1-20 relationship.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 15, Family Code, is amended by adding
1-23 Section 15.025 to read as follows:
1-24 Sec. 15.025. INVOLUNTARY TERMINATION; FAILURE TO CARE FOR
1-25 CHILD. A petition by the Department of Protective and Regulatory
1-26 Services requesting termination of the parent-child relationship
1-27 with respect to a parent who is not the petitioner may be granted
1-28 if the court finds by clear and convincing evidence that:
1-29 (1) the department has been the temporary or permanent
1-30 managing conservator of the child for one year preceding the filing
1-31 of the petition or there is a past history of court determinations
1-32 of abuse or neglect by the parent which led to one or more foster
1-33 care placements of the child; and
1-34 (2)(A) the parent has failed substantially, without
1-35 good cause, to comply with court orders designed to require the
1-36 parent to provide a safe environment for the child in the parent's
1-37 home; or
1-38 (B) the parent has failed substantially, without
1-39 good cause, to comply with a service plan ordered by the court
1-40 designed to correct the conditions necessitating out-of-home care
1-41 of the child; and
1-42 (3) despite the services or assistance reasonably made
1-43 available to the parent, in all reasonable probability, the child
1-44 will not be integrated into the home of the parent in the
1-45 foreseeable future due to conduct of the parent or the conditions
1-46 of the parent's home; and
1-47 (4) the termination is in the best interest of the
1-48 child.
1-49 SECTION 2. The importance of this legislation and the
1-50 crowded condition of the calendars in both houses create an
1-51 emergency and an imperative public necessity that the
1-52 constitutional rule requiring bills to be read on three several
1-53 days in each house be suspended, and this rule is hereby suspended,
1-54 and that this Act take effect and be in force from and after its
1-55 passage, and it is so enacted.
1-56 * * * * *
1-57 Austin,
1-58 Texas
1-59 April 27, 1993
1-60 Hon. Bob Bullock
1-61 President of the Senate
1-62 Sir:
1-63 We, your Committee on Jurisprudence to which was referred S.B. No.
1-64 1260, have had the same under consideration, and I am instructed to
1-65 report it back to the Senate with the recommendation that it do not
1-66 pass, but that the Committee Substitute adopted in lieu thereof do
1-67 pass and be printed.
1-68 Henderson,
2-1 Chairman
2-2 * * * * *
2-3 WITNESSES
2-4 FOR AGAINST ON
2-5 ___________________________________________________________________
2-6 Name: Janice Gammill x
2-7 Representing: Tx Dept PRS
2-8 City: Austin
2-9 -------------------------------------------------------------------
2-10 Name: Ray Worsham x
2-11 Representing: Tx Dept. of PRS
2-12 City: Austin
2-13 -------------------------------------------------------------------
2-14 Name: Jordan Faires x
2-15 Representing: Tx Cncl on Family Violence
2-16 City: Austin
2-17 -------------------------------------------------------------------
2-18 Name: John J. Sampson x x
2-19 Representing: Self
2-20 City: Austin
2-21 -------------------------------------------------------------------