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BILL ANALYSIS

 

 

                                                                                                                                             H.B. 657

                                                                                                                                         By: Bonnen

                                                                                                         Juvenile Justice & Family Issues

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law allows a court to order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has knowingly engaged in criminal conduct that has resulted in that parent's conviction and imprisonment.  House Bill 657 provides for termination of the parent-child relationship when one parent has been convicted of the murder of the other parent of the child.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

Section 1.        This Act may be called the Donna Hoedt Act.

 

Section 2.        Amends Section 161.001 of the Family Code by authorizing the court with appropriate jurisdiction to terminate 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 of the Penal Code, or under the 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 of the Penal Code.

 

Section 3.        The change in law made by this Act applies only to a suit affecting the parent-child relationship filed on or after September 1, 2005.

 

Section 4.        This Act takes effect September 1, 2005.

 

EFFECTIVE DATE

 

September 1, 2005.