Supplement: TX HB2658 | 2023-2024 | 88th Legislature | Analysis (Engrossed)
Bill Title: Relating to grounds for the involuntary termination of the parent-child relationship.
Status: 2023-06-12 - Effective on 9/1/23 [HB2658 Detail]
Download: Texas-2023-HB2658-Analysis_Engrossed_.html
BILL ANALYSIS
Senate Research Center |
H.B. 2658 |
88R10376 PRL-D |
By: Leach (Middleton) |
|
Health & Human Services |
|
5/12/2023 |
|
Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Chapter 161 of the Texas Family Code provides a list of grounds for which parental rights may be involuntarily terminated. A court may terminate parental rights if they find, by clear and convincing evidence, a parent has committed certain offenses relating to the child, but also if they have been convicted of certain crimes.
Examples of these crimes include capital murder, sexual assault, indecency with a child, sexual abuse of a child, trafficking, among many others, including criminal solicitation. However, both criminal solicitation of a minor and online solicitation of a minor were left out of the statute.
H.B. 2658 seeks to remedy this gap in statute by adding criminal solicitation of a minor and online solicitation of a minor to the list of convictions for which parental rights may be involuntarily terminated.
H.B. 2658 amends current law relating to grounds for the involuntary termination of the parent-child relationship.
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. Amends Section 161.001(b), Family Code, as follows:
(b) Authorizes the court to order termination of the parent-child relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A)-(S) makes no changes to these paragraphs;
(T)-(U) makes nonsubstantive changes to these paragraphs; or
(V) been convicted of:
(i) criminal solicitation of a minor under Section 15.031 (Criminal Solicitation of a Minor), 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 15.031, Penal Code; or
(ii)� online solicitation of a minor under Section 33.021 (Online Solicitation of a Minor), 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 33.021, Penal Code; and
(2) makes no changes to this subdivision.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2023.