HBA-SEB H.B. 1855 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1855
By: Reyna, Elvira
Juvenile Justice and Family Issues
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Current law does not require a court to terminate a parent-child
relationship if the parent has been convicted of sexual assault, aggravated
sexual assault, or prohibited sexual conduct and the victim has become
pregnant with the parent's child.  H.B. 1855 requires, rather than
authorizes, a court to terminate the parent-child relationship in such a
case.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 107.001(a), Family Code, to include an instance
in which a suit is brought under Section 161.007 as a reason for a court or
associate judge not to fulfill a requirement to appoint a guardian ad litem
to represent the interests of a child in a suit in which the termination of
the parent-child relationship is requested.  Makes a conforming change. 

SECTION 2.  Amends Section 107.0135, Family Code, to make conforming
changes. 

SECTION 3.  Amends Section 161.007, Family Code, as follows:

Sec. 161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM CRIMINAL ACT.
Requires, rather than authorizes, a court to order the termination of a
parent-child relationship if the court finds that the parent has been
convicted of an offense committed under Section 22.011 (Sexual Assault),
22.021 (Aggravated Sexual Assault), or 25.02 (Prohibited Sexual Conduct),
Penal Code, and the victim of the offense became pregnant with the parent's
child.  Deletes existing text which provides that the court must find that
the termination is in the best interest of the child.  Makes a conforming
change. 

SECTION 4.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 5.  Emergency clause.