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.