1-1                                   AN ACT
 1-2     relating to the requirements for a suit filed by the Department of
 1-3     Protective and Regulatory Services to terminate the parent-child
 1-4     relationship.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 161.003(a), Family Code, is amended to
 1-7     read as follows:
 1-8           (a)  The court may order termination of the parent-child
 1-9     relationship in a suit filed by the Department of Protective and
1-10     Regulatory Services if the court finds that:
1-11                 (1)  the parent has a mental or emotional illness or a
1-12     mental deficiency that renders the parent unable to provide for the
1-13     physical, emotional, and mental needs of the child;
1-14                 (2)  the illness or deficiency, in all reasonable
1-15     probability, proved by clear and convincing evidence, will continue
1-16     to render the parent unable to provide for the child's needs until
1-17     the 18th birthday of the child;
1-18                 (3)  the department has been the temporary or sole
1-19     managing conservator of the child of the parent for at least [the]
1-20     six months preceding the date of the hearing on the termination
1-21     held in accordance with Subsection (c) [filing of the petition];
1-22                 (4)  the department has made reasonable efforts to
1-23     return the child to the parent; and
1-24                 (5)  the termination is in the best interest of the
 2-1     child.
 2-2           SECTION 2. (a)  This Act takes effect September 1, 2001.
 2-3           (b)  The change in law made by this Act applies to a suit to
 2-4     terminate the parent-child relationship filed by the Department of
 2-5     Protective and Regulatory Services on or after the effective date
 2-6     of this Act.  A suit filed before the effective date of this Act is
 2-7     governed by the law in effect on the date the suit was filed, and
 2-8     the former law is continued in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1377 was passed by the House on May
         11, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1377 was passed by the Senate on May
         23, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor