By Turner of Harris H.B. No. 1080
76R3100 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the termination of the parent-child relationship of
1-3 certain parents.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 161.005, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. (a) A
1-8 parent may file a suit for termination of the petitioner's
1-9 parent-child relationship. The court may order termination if
1-10 termination is in the best interest of the child.
1-11 (b) Either parent may file a suit for termination of the
1-12 parent-child relationship of a father who executed a voluntary
1-13 statement of paternity under Subchapter C, Chapter 160.
1-14 Notwithstanding Subsection (a), the court shall order termination
1-15 in a suit filed under this subsection only if the court finds that
1-16 the father:
1-17 (1) executed a statement of paternity under Section
1-18 160.202 and, on the basis of that statement, is the subject of a
1-19 final order declaring him to be a parent of the child; and
1-20 (2) subsequent to executing the statement of
1-21 paternity, has been excluded as the father of the child through
1-22 scientifically accepted parentage testing that meets the
1-23 requirements of Section 160.103.
1-24 (c) If the petition designates the Department of Protective
2-1 and Regulatory Services as managing conservator, the department
2-2 shall be given service of citation. The court shall notify the
2-3 department if the court appoints the department as the managing
2-4 conservator of the child.
2-5 SECTION 2. This Act takes effect September 1, 1999, and
2-6 applies to a suit for termination of the parent-child relationship
2-7 commenced on or after that date. A suit for termination of the
2-8 parent-child relationship commenced before the effective date of
2-9 this Act is governed by the law in effect on the date the suit was
2-10 filed, and the former law is continued in effect for that purpose.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.