86R12228 JSC-F
By: Leach H.B. No. 2528
A BILL TO BE ENTITLED
AN ACT
relating to the protection of parental rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 151.001(a), Family Code, is amended to
read as follows:
(a) A parent of a child has the following rights and duties:
(1) the right to:
(A) have physical possession of the child;
(B) [, to] direct the nurture, upbringing, moral
and religious training, and health care of the child; and
(C) [to] designate the residence of the child;
(2) the duty of care, control, protection, and
reasonable discipline of the child;
(3) the duty to support the child, including providing
the child with clothing, food, shelter, medical and dental care,
and education;
(4) the duty, except when a guardian of the child's
estate has been appointed, to manage the estate of the child,
including the right as an agent of the child to act in relation to
the child's estate if the child's action is required by a state, the
United States, or a foreign government;
(5) except as provided by Section 264.0111, the right
to the services and earnings of the child;
(6) the right to consent to the child's [marriage,]
enlistment in the armed forces of the United States, medical and
dental care, and psychiatric, psychological, and surgical
treatment;
(7) the right to represent the child in legal action
and to make other decisions of substantial legal significance
concerning the child;
(8) the right to receive and give receipt for payments
for the support of the child and to hold or disburse funds for the
benefit of the child;
(9) the right to inherit from and through the child;
(10) the right to make decisions concerning the
child's education; and
(11) any other right or duty existing between a parent
and child by virtue of law.
SECTION 2. Chapter 151, Family Code, is amended by adding
Section 151.004 to read as follows:
Sec. 151.004. PROTECTION OF PARENTAL RIGHTS. (a) The
liberty of a parent regarding the care, custody, and control of the
parent's child is a fundamental right that resides first in the
parent.
(b) It is presumed that:
(1) a parent is a fit parent; and
(2) a fit parent acts in the best interest of the
child.
(c) For purposes of Subsection (b), a parent may be
determined to not be a fit parent only by clear and convincing
evidence that the parent does not adequately care for the parent's
child.
(d) The state, or an agency or political subdivision of the
state, may not restrict or interfere with a parent's fundamental
right to make decisions in the raising of the parent's child unless
the state, agency, or political subdivision demonstrates that the
action of the state, agency, or political subdivision:
(1) is in furtherance of a compelling governmental
interest; and
(2) is narrowly tailored to accomplish that interest.
(e) A court may not restrict or interfere with the
fundamental right of a parent solely because the court believes a
better decision could be made. A court may restrict or interfere
with the fundamental right of a parent only if the court:
(1) first overcomes the presumptions described by
Subsection (b); and
(2) finds that:
(A) the parent is not a fit parent; or
(B) the infringement is necessary to prevent a
significant impairment of the child's physical health or emotional
well-being.
(f) This section does not limit the right of the state or an
agency or political subdivision of the state, in accordance with
the United States Constitution and applicable state and federal
law, to investigate or take action based on a report of child abuse
or neglect allegedly committed by a person responsible for a
child's care, custody, or welfare.
SECTION 3. Section 153.002, Family Code, is amended to read
as follows:
Sec. 153.002. BEST INTEREST OF CHILD. (a) The best
interest of the child shall always be the primary consideration of
the court in determining the issues of conservatorship and
possession of and access to the child.
(b) It is presumed that:
(1) a parent is a fit parent; and
(2) a fit parent acts in the best interest of the
child.
(c) For purposes of Subsection (b), a parent may be
determined to not be a fit parent only by clear and convincing
evidence that the parent does not adequately care for the parent's
child.
SECTION 4. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship pending in a trial
court on the effective date of this Act or filed on or after that
date. A suit affecting the parent-child relationship in which a
final order is rendered before the effective date of this Act is
governed by the law in effect on the date the order was rendered,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.