Texas 2019 - 86th Regular

Texas House Bill HB2528 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12228 JSC-F
2	2	By: Leach H.B. No. 2528
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protection of parental rights.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 151.001(a), Family Code, is amended to
10	10	read as follows:
11	11	(a) A parent of a child has the following rights and duties:
12	12	(1) the right to:
13	13	(A) have physical possession of the child;
14	14	(B) [, to] direct the nurture, upbringing, moral
15	15	and religious training, and health care of the child; and
16	16	(C) [to] designate the residence of the child;
17	17	(2) the duty of care, control, protection, and
18	18	reasonable discipline of the child;
19	19	(3) the duty to support the child, including providing
20	20	the child with clothing, food, shelter, medical and dental care,
21	21	and education;
22	22	(4) the duty, except when a guardian of the child's
23	23	estate has been appointed, to manage the estate of the child,
24	24	including the right as an agent of the child to act in relation to
25	25	the child's estate if the child's action is required by a state, the
26	26	United States, or a foreign government;
27	27	(5) except as provided by Section 264.0111, the right
28	28	to the services and earnings of the child;
29	29	(6) the right to consent to the child's [marriage,]
30	30	enlistment in the armed forces of the United States, medical and
31	31	dental care, and psychiatric, psychological, and surgical
32	32	treatment;
33	33	(7) the right to represent the child in legal action
34	34	and to make other decisions of substantial legal significance
35	35	concerning the child;
36	36	(8) the right to receive and give receipt for payments
37	37	for the support of the child and to hold or disburse funds for the
38	38	benefit of the child;
39	39	(9) the right to inherit from and through the child;
40	40	(10) the right to make decisions concerning the
41	41	child's education; and
42	42	(11) any other right or duty existing between a parent
43	43	and child by virtue of law.
44	44	SECTION 2. Chapter 151, Family Code, is amended by adding
45	45	Section 151.004 to read as follows:
46	46	Sec. 151.004. PROTECTION OF PARENTAL RIGHTS. (a) The
47	47	liberty of a parent regarding the care, custody, and control of the
48	48	parent's child is a fundamental right that resides first in the
49	49	parent.
50	50	(b) It is presumed that:
51	51	(1) a parent is a fit parent; and
52	52	(2) a fit parent acts in the best interest of the
53	53	child.
54	54	(c) For purposes of Subsection (b), a parent may be
55	55	determined to not be a fit parent only by clear and convincing
56	56	evidence that the parent does not adequately care for the parent's
57	57	child.
58	58	(d) The state, or an agency or political subdivision of the
59	59	state, may not restrict or interfere with a parent's fundamental
60	60	right to make decisions in the raising of the parent's child unless
61	61	the state, agency, or political subdivision demonstrates that the
62	62	action of the state, agency, or political subdivision:
63	63	(1) is in furtherance of a compelling governmental
64	64	interest; and
65	65	(2) is narrowly tailored to accomplish that interest.
66	66	(e) A court may not restrict or interfere with the
67	67	fundamental right of a parent solely because the court believes a
68	68	better decision could be made. A court may restrict or interfere
69	69	with the fundamental right of a parent only if the court:
70	70	(1) first overcomes the presumptions described by
71	71	Subsection (b); and
72	72	(2) finds that:
73	73	(A) the parent is not a fit parent; or
74	74	(B) the infringement is necessary to prevent a
75	75	significant impairment of the child's physical health or emotional
76	76	well-being.
77	77	(f) This section does not limit the right of the state or an
78	78	agency or political subdivision of the state, in accordance with
79	79	the United States Constitution and applicable state and federal
80	80	law, to investigate or take action based on a report of child abuse
81	81	or neglect allegedly committed by a person responsible for a
82	82	child's care, custody, or welfare.
83	83	SECTION 3. Section 153.002, Family Code, is amended to read
84	84	as follows:
85	85	Sec. 153.002. BEST INTEREST OF CHILD. (a) The best
86	86	interest of the child shall always be the primary consideration of
87	87	the court in determining the issues of conservatorship and
88	88	possession of and access to the child.
89	89	(b) It is presumed that:
90	90	(1) a parent is a fit parent; and
91	91	(2) a fit parent acts in the best interest of the
92	92	child.
93	93	(c) For purposes of Subsection (b), a parent may be
94	94	determined to not be a fit parent only by clear and convincing
95	95	evidence that the parent does not adequately care for the parent's
96	96	child.
97	97	SECTION 4. The changes in law made by this Act apply only to
98	98	a suit affecting the parent-child relationship pending in a trial
99	99	court on the effective date of this Act or filed on or after that
100	100	date. A suit affecting the parent-child relationship in which a
101	101	final order is rendered before the effective date of this Act is
102	102	governed by the law in effect on the date the order was rendered,
103	103	and the former law is continued in effect for that purpose.
104	104	SECTION 5. This Act takes effect September 1, 2019.