87R13534 TYPED
By: Birdwell S.B. No. 1178
A BILL TO BE ENTITLED
AN ACT
relating to the rights and duties of parents and the protection of
parental rights in suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 151, Family Code, is amended by adding
Section 151.004 to read as follows:
Sec. 151.004. FUNDAMENTAL RIGHTS OF PARENTS. (a) A parent
is presumed to be a fit parent who acts in the best interest of his
or her child.
(b) The fundamental right of a parent to raise his or her
child includes but is not limited to the right to direct and make
decisions for the care, custody, control, education, upbringing,
moral and religious training, and medical care of the child.
(c) In a suit between a parent and a non-parent, a parent who
has suffered an infringement of his or her fundamental right under
subsection (b) by a non-parent may raise subsection (d) as a
defense.
(d) A court may not order any relief that conflicts with a
parent's fundamental right under Subsection (b) unless the court
finds that the requested relief is necessary to prevent a
significant impairment of the child’s physical health or emotional
well-being.
(e) This section may not be construed to limit the rights of
the state, including the right to investigate or act on a report of
child abuse or neglect allegedly committed by a person responsible
for a child's care, custody, or welfare, beyond the limitations
required by the United States Constitution.
(f) This section does not apply to an action for child
support.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.