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.