By Reyna of Dallas                                    H.B. No. 2801
         77R6445 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the mandatory termination of parental rights of a
 1-3     person who engaged in certain criminal conduct.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 107.001(a), Family Code, is amended to
 1-6     read as follows:
 1-7           (a)  In a suit in which termination of the parent-child
 1-8     relationship is requested, the court or an associate judge shall
 1-9     appoint a guardian ad litem to represent the interests of the child
1-10     immediately after the filing of the petition but before the full
1-11     adversary hearing to ensure adequate representation of the child,
1-12     unless:
1-13                 (1)  the child is a petitioner;
1-14                 (2)  an attorney ad litem has been appointed for the
1-15     child;  [or]
1-16                 (3)  the court or an associate judge finds that the
1-17     interests of the child will be represented adequately by a party to
1-18     the suit and are not adverse to that party; or
1-19                 (4)  the suit is under Section 161.007.
1-20           SECTION 2. Section 107.0135, Family Code, is amended to read
1-21     as follows:
1-22           Sec. 107.0135.  APPOINTMENT OF ATTORNEY AD LITEM NOT
1-23     REQUIRED; CERTAIN CASES. A court is not required to appoint an
1-24     attorney ad litem in a proceeding in which:
 2-1                 (1)  a suit for the dissolution of a marriage is
 2-2     uncontested; [or]
 2-3                 (2)  the issues of possession of and access to a child
 2-4     are agreed to by both parents; or
 2-5                 (3)  termination of the parent-child relationship is
 2-6     sought under Section 161.007.
 2-7           SECTION 3.  Section 161.007, Family Code, is amended to read
 2-8     as follows:
 2-9           Sec. 161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM
2-10     CRIMINAL ACT. The court shall [may] order the termination of the
2-11     parent-child relationship of a parent and a child if the court
2-12     finds that:
2-13                 (1)  the parent has been convicted of an offense
2-14     committed under Section 22.011, 22.021, or 25.02, Penal Code;  and
2-15                 (2)  as a direct result of the commission of the
2-16     offense by the parent, the victim of the offense became pregnant
2-17     with the parent's child[; and]
2-18                 [(3)  termination is in the best interest of the
2-19     child].
2-20           SECTION 4.  This Act takes effect September 1, 2001, and
2-21     applies only to a suit for termination of the parent-child
2-22     relationship filed on or after that date.  A suit for termination
2-23     of the parent-child relationship filed before the effective date of
2-24     this Act is governed by the law in effect on the date the suit was
2-25     filed, and the former law is continued in effect for that purpose.