Highlights of the 79th Texas Legislature - Senate

JURISPRUDENCE
of the evidence that denial of possession of or access to the child would significantly impair the child's physical health
or emotional well-being.
Expands current law to authorize a court to consider appointment of a sibling of a deceased parent, as well as the
grandparents, as the managing conservator if both parents of a child are deceased.
Informing Child Support Obligors of Tax Assistance Programs—H.B. 401
By Representative Villarreal—Senate Sponsor: Senator Averitt
The attorney general has the power to withhold the federal income tax refunds of Texans who owe past-due child
support. Unfortunately, many child support obligors do not take advantage of federal tax credits, such as the Earned
Income Tax Credit (EITC), when filing their income tax, diminishing the potential amount of the tax refund available to
pay child support. This bill:
Requires a Title IV-D agency (a state agency designated under state law to provide services under Part D of Title IV
of the federal Social Security Act) to cooperate with volunteer income tax assistance programs in informing obligors
of the availability of the programs and to publicize such services.
Requires the Health and Human Services Commission to ensure that educational materials relating to the EITC are
provided to each person receiving assistance or benefits under various health and human services programs.
Terminating Parental Rights of Parent Who Murders Other Parent—H.B. 657
By Representatives Bonner and Martinez-Fischer—Senate Sponsor: Senator Averitt
Donna Hoedt was murdered by her husband. Even after the husband was convicted of her murder and incarcerated,
he had to be consulted on all decisions regarding their children, and it took years to terminate his parental rights.
This bill:
Provides that this Act may be called the Donna Hoedt Act.
Authorizes a court to terminate the parental rights of a parent who has been convicted of the murder of the other
parent of the child under Texas law, or federal or state law that is substantially similar to Texas law.
Requires that such termination be in the best interest of the child.
Procedures Relating to Forum Non Conveniens in Civil Actions—H.B. 755
By Representative Gattis—Senate Sponsor: Senator Duncan
Section 71.051, Civil Practice and Remedies Code, addresses the legal doctrine of forum non conveniens, which
allows courts to dismiss cases otherwise within their jurisdiction in order to allow the litigation to proceed in another
forum in the interest of justice and for the convenience of the parties to a lawsuit.
Under Section 71.051(f), a court may not stay or dismiss a claim or action if a party opposing the motion makes a
prima facie showing that an act or omission that was a proximate or producing cause of the injury or death occurred
in Texas. The party opposing the motion needs only to produce "credible evidence." There is concern that this
provision limits the discretion of the courts and can override the purposes of the forum non conveniens doctrine. This
bill:
160 HIGHLIGHTS - 79 TH TEXAS LEGISLATURE