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.
BILL ANALYSIS
Senate Research Center H.B. 2658
88R10376 PRL-D By: Leach (Middleton)
Health & Human Services
5/12/2023
Engrossed
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.