| 1 | 1 | | 86R5384 MM-D |
|---|
| 2 | 2 | | By: Hughes S.B. No. 2369 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to consideration of a child's gender identity or |
|---|
| 8 | 8 | | expression in suits affecting the parent-child relationship and |
|---|
| 9 | 9 | | other proceedings involving children. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 101, Family Code, is amended by adding |
|---|
| 12 | 12 | | Section 101.0137 to read as follows: |
|---|
| 13 | 13 | | Sec. 101.0137. GENDER IDENTITY OR EXPRESSION. "Gender |
|---|
| 14 | 14 | | identity or expression" means having or being perceived as having a |
|---|
| 15 | 15 | | gender-related identity, appearance, expression, or behavior, |
|---|
| 16 | 16 | | regardless of whether that identity, appearance, expression, or |
|---|
| 17 | 17 | | behavior is different from that commonly associated with the |
|---|
| 18 | 18 | | individual's actual or perceived sex. |
|---|
| 19 | 19 | | SECTION 2. Subchapter A, Chapter 153, Family Code, is |
|---|
| 20 | 20 | | amended by adding Section 153.0041 to read as follows: |
|---|
| 21 | 21 | | Sec. 153.0041. ACKNOWLEDGEMENT OF CHILD'S GENDER IDENTITY |
|---|
| 22 | 22 | | OR EXPRESSION. In determining whether to appoint a party as a sole |
|---|
| 23 | 23 | | or joint managing conservator of a child, the court may not consider |
|---|
| 24 | 24 | | evidence regarding whether the party demonstrates a history or |
|---|
| 25 | 25 | | pattern of acknowledging or declining to acknowledge the child's |
|---|
| 26 | 26 | | gender identity or expression. |
|---|
| 27 | 27 | | SECTION 3. Section 161.001(c), Family Code, is amended to |
|---|
| 28 | 28 | | read as follows: |
|---|
| 29 | 29 | | (c) A court may not make a finding under Subsection (b) and |
|---|
| 30 | 30 | | order termination of the parent-child relationship based on |
|---|
| 31 | 31 | | evidence that the parent: |
|---|
| 32 | 32 | | (1) homeschooled the child; |
|---|
| 33 | 33 | | (2) is economically disadvantaged; |
|---|
| 34 | 34 | | (3) has been charged with a nonviolent misdemeanor |
|---|
| 35 | 35 | | offense other than: |
|---|
| 36 | 36 | | (A) an offense under Title 5, Penal Code; |
|---|
| 37 | 37 | | (B) an offense under Title 6, Penal Code; or |
|---|
| 38 | 38 | | (C) an offense that involves family violence, as |
|---|
| 39 | 39 | | defined by Section 71.004 of this code; |
|---|
| 40 | 40 | | (4) provided or administered low-THC cannabis to a |
|---|
| 41 | 41 | | child for whom the low-THC cannabis was prescribed under Chapter |
|---|
| 42 | 42 | | 169, Occupations Code; [or] |
|---|
| 43 | 43 | | (5) declined immunization for the child for reasons of |
|---|
| 44 | 44 | | conscience, including a religious belief; or |
|---|
| 45 | 45 | | (6) acknowledges or declines to acknowledge the |
|---|
| 46 | 46 | | child's gender identity or expression. |
|---|
| 47 | 47 | | SECTION 4. Section 261.001, Family Code, is amended by |
|---|
| 48 | 48 | | adding Subdivision (1-a) to read as follows: |
|---|
| 49 | 49 | | (1-a) "Abuse" does not include a person's willingness |
|---|
| 50 | 50 | | or unwillingness to acknowledge a child's gender identity or |
|---|
| 51 | 51 | | expression. |
|---|
| 52 | 52 | | SECTION 5. The changes in law made by this Act apply only to |
|---|
| 53 | 53 | | a suit affecting the parent-child relationship that is filed on or |
|---|
| 54 | 54 | | after the effective date of this Act. A suit affecting the |
|---|
| 55 | 55 | | parent-child relationship filed before that date is governed by the |
|---|
| 56 | 56 | | law in effect on the date the suit was filed, and the former law is |
|---|
| 57 | 57 | | continued in effect for that purpose. |
|---|
| 58 | 58 | | SECTION 6. This Act takes effect September 1, 2019. |
|---|