Texas 2021 - 87th Regular

Texas House Bill HB2932 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9673 MCK-F
2	2	By: Dutton H.B. No. 2932
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures in suits affecting the parent-child
8	8	relationship filed by the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 262.116(a), Family Code, is amended to
12	12	read as follows:
13	13	(a) The Department of Family and Protective Services may not
14	14	take possession of a child under this subchapter based on evidence
15	15	that the parent:
16	16	(1) homeschooled the child;
17	17	(2) is economically disadvantaged;
18	18	(3) has been charged with a nonviolent misdemeanor
19	19	offense other than:
20	20	(A) an offense under Title 5, Penal Code;
21	21	(B) an offense under Title 6, Penal Code; or
22	22	(C) an offense that involves family violence, as
23	23	defined by Section 71.004 of this code;
24	24	(4) provided or administered low-THC cannabis to a
25	25	child for whom the low-THC cannabis was prescribed under Chapter
26	26	169, Occupations Code; [or]
27	27	(5) declined immunization for the child for reasons of
28	28	conscience, including a religious belief;
29	29	(6) when the parent was a child, was removed from the
30	30	person's home by a child protective services agency;
31	31	(7) tested positive for a controlled substance as
32	32	defined by Chapter 481, Health and Safety Code, unless the
33	33	department has evidence that the parent's use of the controlled
34	34	substance has caused significant impairment to the child's physical
35	35	or mental health or emotional development; or
36	36	(8) failed to complete the family-based safety
37	37	services provided by the department.
38	38	SECTION 2. Section 262.2015(b), Family Code, is amended to
39	39	read as follows:
40	40	(b) The court may find under Subsection (a) that a parent
41	41	has subjected the child to aggravated circumstances if:
42	42	(1) the parent abandoned the child without
43	43	identification or a means for identifying the child;
44	44	(2) the child or another child of the parent is a
45	45	victim of serious bodily injury or sexual abuse inflicted by the
46	46	parent or by another person with the parent's consent;
47	47	(3) the parent has engaged in conduct against the
48	48	child or another child of the parent that would constitute an
49	49	offense under the following provisions of the Penal Code:
50	50	(A) Section 19.02 (murder);
51	51	(B) Section 19.03 (capital murder);
52	52	(C) Section 19.04 (manslaughter);
53	53	(D) Section 21.11 (indecency with a child);
54	54	(E) Section 22.011 (sexual assault);
55	55	(F) Section 22.02 (aggravated assault);
56	56	(G) Section 22.021 (aggravated sexual assault);
57	57	(H) Section 22.04 (injury to a child, elderly
58	58	individual, or disabled individual);
59	59	(I) Section 22.041 (abandoning or endangering
60	60	child);
61	61	(J) Section 25.02 (prohibited sexual conduct);
62	62	(K) Section 43.25 (sexual performance by a
63	63	child);
64	64	(L) Section 43.26 (possession or promotion of
65	65	child pornography);
66	66	(M) Section 21.02 (continuous sexual abuse of
67	67	young child or children);
68	68	(N) Section 43.05(a)(2) (compelling
69	69	prostitution); or
70	70	(O) Section 20A.02(a)(7) or (8) (trafficking of
71	71	persons);
72	72	(4) the parent voluntarily left the child alone or in
73	73	the possession of another person not the parent of the child for at
74	74	least six months without expressing an intent to return and without
75	75	providing adequate support for the child;
76	76	(5) the parent's parental rights with regard to
77	77	another child have been involuntarily terminated based on a finding
78	78	that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
79	79	or a substantially equivalent provision of another state's law;
80	80	(6) the parent has been convicted for:
81	81	(A) the murder of another child of the parent and
82	82	the offense would have been an offense under 18 U.S.C. Section
83	83	1111(a) if the offense had occurred in the special maritime or
84	84	territorial jurisdiction of the United States;
85	85	(B) the voluntary manslaughter of another child
86	86	of the parent and the offense would have been an offense under 18
87	87	U.S.C. Section 1112(a) if the offense had occurred in the special
88	88	maritime or territorial jurisdiction of the United States;
89	89	(C) aiding or abetting, attempting, conspiring,
90	90	or soliciting an offense under Paragraph (A) or (B); or
91	91	(D) the felony assault of the child or another
92	92	child of the parent that resulted in serious bodily injury to the
93	93	child or another child of the parent; or
94	94	(7) [the parent's parental rights with regard to
95	95	another child of the parent have been involuntarily terminated; or
96	96	[(8)] the parent is required under any state or
97	97	federal law to register with a sex offender registry.
98	98	SECTION 3. The changes in law made by this Act apply only to
99	99	a suit filed by the Department of Family and Protective Services on
100	100	or after the effective date of this Act. A suit filed by the
101	101	department before that date is governed by the law in effect on the
102	102	date the suit was filed, and the former law is continued in effect
103	103	for that purpose.
104	104	SECTION 4. This Act takes effect September 1, 2021.