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BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 657

79R193 MCK-D                                                                                               By: Bonnen (Averitt)

                                                                                                                                      Jurisprudence

                                                                                                                                              5/5/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

H.B. 657 allows the court to terminate the parental rights of a person if the person has been convicted of the murder of the other parent of the child.  Termination of the parental rights must be in the best interest of the child.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Authorizes this Act to be called the Donna Hoedt Act.

 

SECTION 2.  Amends Section 161.001, Family Code, to authorize the court to order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has been convicted of the murder of the other parent of the child under Section 19.02 or 19.03, Penal Code, or under a law of another state, federal law, the law of a foreign country, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense under Section 19.02 or 19.03, Penal Code.  Updates reference to the Department of Protective and Regulatory Services to the Department of Family and Protective Services.

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4.  Effective date:  September 1, 2005.