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AN ACT
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relating to procedures in certain suits affecting the parent-child |
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relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.001, Family Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) The court may not order termination under Subsection |
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(b)(1)(M) unless the petition for the termination of the |
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parent-child relationship is filed not later than the first |
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anniversary of the date the department or an equivalent agency in |
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another state was granted managing conservatorship of a child in |
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the case that resulted in the termination of the parent-child |
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relationship with respect to that child based on a finding that the |
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parent's conduct violated Subsection (b)(1)(D) or (E) or |
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substantially equivalent provisions of the law of another state. |
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SECTION 2. Section 262.2015(b), Family Code, is amended to |
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read as follows: |
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(b) The court may find under Subsection (a) that a parent |
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has subjected the child to aggravated circumstances if: |
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(1) the parent abandoned the child without |
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identification or a means for identifying the child; |
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(2) the child or another child of the parent is a |
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victim of serious bodily injury or sexual abuse inflicted by the |
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parent or by another person with the parent's consent; |
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(3) the parent has engaged in conduct against the |
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child or another child of the parent that would constitute an |
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offense under the following provisions of the Penal Code: |
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(A) Section 19.02 (murder); |
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(B) Section 19.03 (capital murder); |
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(C) Section 19.04 (manslaughter); |
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(D) Section 21.11 (indecency with a child); |
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(E) Section 22.011 (sexual assault); |
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(F) Section 22.02 (aggravated assault); |
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(G) Section 22.021 (aggravated sexual assault); |
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(H) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); |
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(I) Section 22.041 (abandoning or endangering |
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child); |
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(J) Section 25.02 (prohibited sexual conduct); |
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(K) Section 43.25 (sexual performance by a |
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child); |
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(L) Section 43.26 (possession or promotion of |
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child pornography); |
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(M) Section 21.02 (continuous sexual abuse of |
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young child or children); |
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(N) Section 43.05(a)(2) (compelling |
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prostitution); or |
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(O) Section 20A.02(a)(7) or (8) (trafficking of |
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persons); |
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(4) the parent voluntarily left the child alone or in |
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the possession of another person not the parent of the child for at |
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least six months without expressing an intent to return and without |
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providing adequate support for the child; |
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(5) [the parent's parental rights with regard to |
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another child have been involuntarily terminated based on a finding |
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that the parent's conduct violated Section 161.001(b)(1)(D) or (E) |
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or a substantially equivalent provision of another state's law; |
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[(6)] the parent has been convicted for: |
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(A) the murder of another child of the parent and |
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the offense would have been an offense under 18 U.S.C. Section |
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1111(a) if the offense had occurred in the special maritime or |
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territorial jurisdiction of the United States; |
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(B) the voluntary manslaughter of another child |
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of the parent and the offense would have been an offense under 18 |
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U.S.C. Section 1112(a) if the offense had occurred in the special |
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maritime or territorial jurisdiction of the United States; |
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(C) aiding or abetting, attempting, conspiring, |
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or soliciting an offense under Paragraph (A) or (B); or |
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(D) the felony assault of the child or another |
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child of the parent that resulted in serious bodily injury to the |
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child or another child of the parent; or |
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(6) [(7) the parent's parental rights with regard to |
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another child of the parent have been involuntarily terminated; or |
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[(8)] the parent is required under any state or |
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federal law to register with a sex offender registry. |
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SECTION 3. The change in law made by this Act applies only |
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to a court order for the involuntary termination of the |
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parent-child relationship rendered on or after the effective date |
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of this Act. A court order rendered before the effective date of |
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this Act is governed by the law in effect on the date the order was |
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rendered, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2924 was passed by the House on May 5, |
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2021, by the following vote: Yeas 133, Nays 14, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2924 on May 28, 2021, by the following vote: Yeas 126, Nays 19, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2924 was passed by the Senate, with |
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amendments, on May 22, 2021, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |