
Quoting
Bubba Jimmy
As has been said, adoption is a better alternative. Is there some reason your husband does not want to adopt this boy? Adoption should not be terribly difficult since you have a strong case for terminating the rights of the natural father.
Texas is a "best interest of the child" state. Now, in Texas, imprisonment for more than 2 years is a supporting factor along with the best interest of the child in terminating parental rights. Use of controlled substances in a manner that endangers the health and safety of the child is also strong support to do this. A family law attorney should be able to help you with this.