S.B. No. 338
                                        AN ACT
    1-1  relating to the termination of the parent-child relationship.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 161.001, Family Code, as added by H.B.
    1-4  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-5  amended to read as follows:
    1-6        Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
    1-7  RELATIONSHIP.  The court may order termination of the parent-child
    1-8  relationship if the court finds by clear and convincing evidence
    1-9  that:
   1-10              (1)  the parent has:
   1-11                    (A)  voluntarily left the child alone or in the
   1-12  possession of another not the parent and expressed an intent not to
   1-13  return;
   1-14                    (B)  voluntarily left the child alone or in the
   1-15  possession of another not the parent without expressing an intent
   1-16  to return, without providing for the adequate support of the child,
   1-17  and remained away for a period of at least three months;
   1-18                    (C)  voluntarily left the child alone or in the
   1-19  possession of another without providing adequate support of the
   1-20  child and remained away for a period of at least six months;
   1-21                    (D)  knowingly placed or knowingly allowed the
   1-22  child to remain in conditions or surroundings which endanger the
   1-23  physical or emotional well-being of the child;
   1-24                    (E)  engaged in conduct or knowingly placed the
    2-1  child with persons who engaged in conduct which endangers the
    2-2  physical or emotional well-being of the child;
    2-3                    (F)  failed to support the child in accordance
    2-4  with his ability during a period of one year ending within six
    2-5  months of the date of the filing of the petition;
    2-6                    (G)  abandoned the child without identifying the
    2-7  child or furnishing means of identification, and the child's
    2-8  identity cannot be ascertained by the exercise of reasonable
    2-9  diligence;
   2-10                    (H)  voluntarily, and with knowledge of the
   2-11  pregnancy, abandoned the mother of the child beginning at a time
   2-12  during her pregnancy with the child and continuing through the
   2-13  birth, failed to provide adequate support or medical care for the
   2-14  mother during the period of abandonment before the birth of the
   2-15  child, and remained apart from the child or failed to support the
   2-16  child since the birth;
   2-17                    (I)  contumaciously refused to submit to a
   2-18  reasonable and lawful order of a court under Chapter 264;
   2-19                    (J)  been the major cause of:
   2-20                          (i)  the failure of the child to be
   2-21  enrolled in school as required by the Education Code; or
   2-22                          (ii)  the child's absence from the child's
   2-23  home without the consent of the parents or guardian for a
   2-24  substantial length of time or without the intent to return;
   2-25                    (K)  executed before or after the suit is filed
   2-26  an unrevoked or irrevocable affidavit of relinquishment of parental
   2-27  rights as provided by this chapter;
    3-1                    (L)  been adjudicated to be criminally
    3-2  responsible for the death or serious injury of another of his or
    3-3  her children; <or>
    3-4                    (M)  had his or her parent-child relationship
    3-5  terminated with respect to another child based on a finding that
    3-6  the parent's conduct was in violation of Paragraph (D) or (E); or
    3-7                    (N)  constructively abandoned the child who has
    3-8  been in the permanent or temporary managing conservatorship of the
    3-9  Department of Protective and Regulatory Services or an authorized
   3-10  agency for not less than one year and:
   3-11                          (i)  the department or authorized agency
   3-12  has made reasonable efforts to return the child to the parent;
   3-13                          (ii)  the parent has not visited or
   3-14  maintained contact with the child; and
   3-15                          (iii)  the parent has demonstrated an
   3-16  inability to provide the child with a safe environment; and
   3-17              (2)  termination is in the best interest of the child.
   3-18        SECTION 2.  Subsection (a), Section 161.206, Family Code, as
   3-19  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   3-20  Session, 1995, is amended to read as follows:
   3-21        (a)  If the court finds by clear and convincing evidence
   3-22  grounds for termination of the parent-child relationship, it shall
   3-23  render an order terminating the parent-child relationship.
   3-24        SECTION 3.  This Act takes effect September 1, 1995.
   3-25        SECTION 4.  The importance of this legislation and the
   3-26  crowded condition of the calendars in both houses create an
   3-27  emergency and an imperative public necessity that the
    4-1  constitutional rule requiring bills to be read on three several
    4-2  days in each house be suspended, and this rule is hereby suspended.