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H.B. No. 1536
AN ACT
relating to certain communication with and access to a child
following termination of the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.206(b), Family Code, is amended to
read as follows:
(b) Except as provided by Section 161.2061, an [An] order
terminating the parent-child relationship divests the parent and
the child of all legal rights and duties with respect to each other,
except that the child retains the right to inherit from and through
the parent unless the court otherwise provides.
SECTION 2. Subchapter C, Chapter 161, Family Code, is
amended by adding Sections 161.2061 and 161.2062 to read as
follows:
Sec. 161.2061. TERMS REGARDING LIMITED POST-TERMINATION
CONTACT. (a) If the court finds it to be in the best interest of
the child, the court may provide in an order terminating the
parent-child relationship that the biological parent who filed an
affidavit of voluntary relinquishment of parental rights under
Section 161.103 shall have limited post-termination contact with
the child as provided by Subsection (b) on the agreement of the
biological parent and the Department of Protective and Regulatory
Services.
(b) The order of termination may include terms that allow
the biological parent to:
(1) receive specified information regarding the
child;
(2) provide written communications to the child; and
(3) have limited access to the child.
(c) The terms of an order of termination regarding limited
post-termination contact may be enforced only if the party seeking
enforcement pleads and proves that, before filing the motion for
enforcement, the party attempted in good faith to resolve the
disputed matters through mediation.
(d) The terms of an order of termination under this section
are not enforceable by contempt.
(e) The terms of an order of termination regarding limited
post-termination contact may not be modified.
(f) An order under this section does not:
(1) affect the finality of a termination order; or
(2) grant standing to a parent whose parental rights
have been terminated to file any action under this title other than
a motion to enforce the terms regarding limited post-termination
contact until the court renders a subsequent adoption order with
respect to the child.
Sec. 161.2062. PROVISION FOR LIMITED CONTACT BETWEEN
BIOLOGICAL PARENT AND CHILD. (a) An order terminating the
parent-child relationship may not require that a subsequent
adoption order include terms regarding limited post-termination
contact between the child and a biological parent.
(b) The inclusion of a requirement for post-termination
contact described by Subsection (a) in a termination order does
not:
(1) affect the finality of a termination or subsequent
adoption order; or
(2) grant standing to a parent whose parental rights
have been terminated to file any action under this title after the
court renders a subsequent adoption order with respect to the
child.
SECTION 3. Section 161.103, Family Code, is amended by
adding Subsection (h) to read as follows:
(h) The affidavit may not contain terms for limited
post-termination contact between the child and the parent whose
parental rights are to be relinquished as a condition of the
relinquishment of parental rights.
SECTION 4. (a) This Act takes effect September 1, 2003, and
applies only to a suit affecting the parent-child relationship
pending in a trial court or filed on or after that date.
(b) A suit affecting the parent-child relationship in which
a final order is rendered before the effective date of this Act is
governed by the law in effect on the date the order was rendered.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1536 was passed by the House on April
3, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1536 on May 22, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1536 was passed by the Senate, with
amendments, on May 21, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor