| 1 | 1 | | 87R13534 TYPED |
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| 2 | 2 | | By: Leach H.B. No. 3231 |
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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 the rights and duties of parents and the protection of |
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| 8 | 8 | | parental rights in suits affecting the parent-child relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 151, Family Code, is amended by adding |
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| 11 | 11 | | Section 151.004 to read as follows: |
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| 12 | 12 | | Sec. 151.004. FUNDAMENTAL RIGHTS OF PARENTS. (a) A parent |
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| 13 | 13 | | is presumed to be a fit parent who acts in the best interest of his |
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| 14 | 14 | | or her child. |
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| 15 | 15 | | (b) The fundamental right of a parent to raise his or her |
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| 16 | 16 | | child includes but is not limited to the right to direct and make |
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| 17 | 17 | | decisions for the care, custody, control, education, upbringing, |
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| 18 | 18 | | moral and religious training, and medical care of the child. |
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| 19 | 19 | | (c) In a suit between a parent and a non-parent, a parent who |
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| 20 | 20 | | has suffered an infringement of his or her fundamental right under |
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| 21 | 21 | | subsection (b) by a non-parent may raise subsection (d) as a |
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| 22 | 22 | | defense. |
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| 23 | 23 | | (d) A court may not order any relief that conflicts with a |
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| 24 | 24 | | parent's fundamental right under Subsection (b) unless the court |
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| 25 | 25 | | finds that the requested relief is necessary to prevent a |
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| 26 | 26 | | significant impairment of the child’s physical health or emotional |
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| 27 | 27 | | well-being. |
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| 28 | 28 | | (e) This section may not be construed to limit the rights of |
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| 29 | 29 | | the state, including the right to investigate or act on a report of |
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| 30 | 30 | | child abuse or neglect allegedly committed by a person responsible |
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| 31 | 31 | | for a child's care, custody, or welfare, beyond the limitations |
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| 32 | 32 | | required by the United States Constitution. |
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| 33 | 33 | | (f) This section does not apply to an action for child |
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| 34 | 34 | | support. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2021. |
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