| 1 | 1 | | 86R5384 MM-D |
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| 2 | 2 | | By: Dean H.B. No. 1910 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to consideration of a child's gender identity or |
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| 8 | 8 | | expression in suits affecting the parent-child relationship and |
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| 9 | 9 | | other proceedings involving children. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 101, Family Code, is amended by adding |
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| 12 | 12 | | Section 101.0137 to read as follows: |
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| 13 | 13 | | Sec. 101.0137. GENDER IDENTITY OR EXPRESSION. "Gender |
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| 14 | 14 | | identity or expression" means having or being perceived as having a |
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| 15 | 15 | | gender-related identity, appearance, expression, or behavior, |
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| 16 | 16 | | regardless of whether that identity, appearance, expression, or |
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| 17 | 17 | | behavior is different from that commonly associated with the |
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| 18 | 18 | | individual's actual or perceived sex. |
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| 19 | 19 | | SECTION 2. Subchapter A, Chapter 153, Family Code, is |
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| 20 | 20 | | amended by adding Section 153.0041 to read as follows: |
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| 21 | 21 | | Sec. 153.0041. ACKNOWLEDGEMENT OF CHILD'S GENDER IDENTITY |
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| 22 | 22 | | OR EXPRESSION. In determining whether to appoint a party as a sole |
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| 23 | 23 | | or joint managing conservator of a child, the court may not consider |
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| 24 | 24 | | evidence regarding whether the party demonstrates a history or |
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| 25 | 25 | | pattern of acknowledging or declining to acknowledge the child's |
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| 26 | 26 | | gender identity or expression. |
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| 27 | 27 | | SECTION 3. Section 161.001(c), Family Code, is amended to |
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| 28 | 28 | | read as follows: |
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| 29 | 29 | | (c) A court may not make a finding under Subsection (b) and |
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| 30 | 30 | | order termination of the parent-child relationship based on |
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| 31 | 31 | | evidence that the parent: |
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| 32 | 32 | | (1) homeschooled the child; |
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| 33 | 33 | | (2) is economically disadvantaged; |
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| 34 | 34 | | (3) has been charged with a nonviolent misdemeanor |
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| 35 | 35 | | offense other than: |
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| 36 | 36 | | (A) an offense under Title 5, Penal Code; |
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| 37 | 37 | | (B) an offense under Title 6, Penal Code; or |
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| 38 | 38 | | (C) an offense that involves family violence, as |
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| 39 | 39 | | defined by Section 71.004 of this code; |
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| 40 | 40 | | (4) provided or administered low-THC cannabis to a |
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| 41 | 41 | | child for whom the low-THC cannabis was prescribed under Chapter |
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| 42 | 42 | | 169, Occupations Code; [or] |
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| 43 | 43 | | (5) declined immunization for the child for reasons of |
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| 44 | 44 | | conscience, including a religious belief; or |
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| 45 | 45 | | (6) acknowledges or declines to acknowledge the |
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| 46 | 46 | | child's gender identity or expression. |
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| 47 | 47 | | SECTION 4. Section 261.001, Family Code, is amended by |
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| 48 | 48 | | adding Subdivision (1-a) to read as follows: |
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| 49 | 49 | | (1-a) "Abuse" does not include a person's willingness |
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| 50 | 50 | | or unwillingness to acknowledge a child's gender identity or |
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| 51 | 51 | | expression. |
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| 52 | 52 | | SECTION 5. The changes in law made by this Act apply only to |
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| 53 | 53 | | a suit affecting the parent-child relationship that is filed on or |
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| 54 | 54 | | after the effective date of this Act. A suit affecting the |
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| 55 | 55 | | parent-child relationship filed before that date is governed by the |
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| 56 | 56 | | law in effect on the date the suit was filed, and the former law is |
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| 57 | 57 | | continued in effect for that purpose. |
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| 58 | 58 | | SECTION 6. This Act takes effect September 1, 2019. |
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