ADOPTION Cit; 344

ADOPTION_PROCEDURE-TERMINATION OF
PARENTAL RIGHTS BY COURT

CHAPTER 344

H. B. No. 1037

An Act amending Section 6

of Chapter 177, General Laws of the state of Texas,
Act~ of the Forty.second Legislature, Regular Session, 1931, compiled as
Article 46a of Vernon's Revised Civil Statutes of Texas, as last amended by
Chapter 249, Acts of the Fifty.second Legislature, 1951, so as to clarify the
adoption procedure In the case of the children of parents whose parental
rights have been terminated by the Juvenile Court or other court of cornpe-
tent Jurisdiction j and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

Section 1. Section 6 of Chapter 177, General Laws of the State of
T~xas, Acts of the Forty-second Legislature, Regular Session, 1931, com-
piled as Article 46a, Vernon's Revised Civil Statutes of Texas, as last
amended by Chapter 249, Acts of the Fifty-second Legislature, 1951, is
hereby amended 41 so as to read as follows:
"Sec. 6. Except as otherwise provided in this Section, no adoption
shall be permitted except with the written consent of the living parents
of the child; provided, however, that if a living parent or parents shall
voluntarily abandon and desert a child sought to be adopted, for a period
of two (2) years, and shall have left such child to the care, custody, con-
trol and management of other persons, or if such parent or parents shall
have not contributed substantiallY to the support of such child during
such period of two (2) years commensurate with his financial ability, then,
in either event it shall not be necessary to obtain the written consent of
the Jiving par~nt or parents in such default, and in such cases adoption
shall be permitted on the written consent of the Judge of the Juvenile
Court of the county of such child's residence; or if there be no Juvenile
Court, then on the written consent of the Judge of the County Court of
the "In
county of such
a case of a child's residence.(14) years of age or over, the consent
child fourteen
of such child also shall be required and must be given in writing in the
presence of the
"Consent court.
shaH not be required of parents whose parental rights have
beep terminated by order of the Juvenile ~ourt or other cour~ of compe-
tent jurisdiction; provided, however, that In such cases ado~tlOn.shall be
ll"nnitted only upon the written order of the court termmatmg such
tM '1'i,hts.
..¥ jl,ot born m
. lawful wedlock the consent of the
"t' ry, and the consent of the natural mother, re-
ceo d b its parents in a child-placing agency
~troent of Public Welfare to place
. t for the living parents to con-
ion place such child for adop-
oh living parent.
'!he i III
Ch.344 57TH REGULAR SESSION
and
writing after the birth of said child and duly acknowledged, giving the Aust
name date and place of birth of said child, and shall agree to permanently vicin
surre~der the care, custody, and parental authority of and over said
unla
child, and consent to its adoption upon judgment of any court of compe-
tent jurisdiction without the necessity of reciting therein the names of
kill,
the parents by adoption." land
Sec. 2. The fact that a high percentage of adoptions in this State kill
involve children who have been declared dependent and neglected, and the bettl
present law does not clearly specify who shall grant the necessary con- to t
sent in such adoption cases, and it is the intention of the Legislature to enio
more clearly define or spell out the procedure which it considers the law and
already contemplated, creates an emergency and an imperative public that
necessity that the Constitutional Rule requiring bills to be read on three lion
several days in each House be suspended, and said RUle is hereby sus- rese
pended, and that this Act shall take effect and be in force from and after gral
ita passage, and it is so enacted. or I
Passed the House, May 18, 1961, by a non-record vote; passed the Sen- to t
ate, May 24,1961: Yeas 29, Nays O. gat
Approved June 16, 1961. life
Effective 90 days after May 29, 1961 date of adjournment. dep
or:
the
fur
MATAGORDA ISLAND-WILDIJFE RESOURCES to
ani
CHAPTER 345 ~3 att
an'
H. B. No. 1045 sh;
An Act making It unlawful, except under th
to hunt, take, kill, or 'Possess an arneProVisions of this Act, for any person
Island lying to the North and E~: f et~nlmalon that portion of Matagorda
Hewitson Grant No.2 as recorded I~ th \ Northeast line of the Powers and
Texas. and Is shown on the map entll': ~.ateGeneral Land Office, Austin,
Aransas and Calhoun Counties Augu t 1d San Antonio Bay and vicinity,"
bearing animal on said landa; ~rescrl:ln' 1948, t~ take, kill, or trap any fur-
ta the Wildlife resources of Bald landso g the legislative policies with respect
Commission power and authority t ' conferring upon the Game and Fish
regulation the taking of Wildlife resoo regulate by ProVision, order, rule, or

wast~ of the Wildlife resources of S~I:~:I:;8.

and Fish Commission to make Inve ~~ce8

provide an open season or period of tl

of saId landsj requiring the Game
with respect to depletion and
8, requiring the Commission to
portion of the Wildlife resources of Id~e When It shall be lawful to take a
providing for the Issuance of the a~~lerlands; defining depletion and waste;
adoption of the proclamations order ~ss deer permits; providing for the
Fish Commission; providing for th .':u ee, or regulations of the Game and
Ino for the PUblication of the reDUI:t~one:~lve period of regUlatlona; provld.
Commission are not IImltedj provldln ' Providing that the powers of the
the proclamations, rUles, regUlations ~ venue for suit tp test the validity of
Ing a penalty for the violation of an ' D: orders of the COmmh.. Ie....; provltl.
any order, eure or regUlation of the ~ th~ II\'GVIBlonBOHhl"Aio~"Bcw.e1l "'.
of Hcenseaj making It UnlalYful,.to omml!l'!IOm ~~ ~ h t 0 It
penalty therefor; deflnlhli W,fldlif<i ~
vldlng for the effective 'dllt. '0
declaring an emergebb