Texas 2021 - 87th Regular

Texas Senate Bill SB1178 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R13534 TYPED
1	2		By: Birdwell S.B. No. 1178
2		-	(In the Senate - Filed March 8, 2021; March 18, 2021, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 21, 2021, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 2; April 21, 2021,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1178 By: Birdwell
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the rights and duties of parents and the protection of
14	8		parental rights in suits affecting the parent-child relationship.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	SECTION 1. Section 151.001(a), Family Code, is amended to
17		-	read as follows:
18		-	(a) In addition to the rights and duties described by
19		-	Section 151.004, a [A] parent of a child has the following rights
20		-	and duties:
21		-	(1) the right to have physical possession[, to direct
22		-	the moral and religious training,] and to designate the residence
23		-	of the child;
24		-	(2) the duty of care, control, protection, and
25		-	reasonable discipline of the child;
26		-	(3) the duty to support the child, including providing
27		-	the child with clothing, food, shelter, medical and dental care,
28		-	and education;
29		-	(4) the duty, except when a guardian of the child's
30		-	estate has been appointed, to manage the estate of the child,
31		-	including the right as an agent of the child to act in relation to
32		-	the child's estate if the child's action is required by a state, the
33		-	United States, or a foreign government;
34		-	(5) except as provided by Section 264.0111, the right
35		-	to the services and earnings of the child;
36		-	(6) the right to consent to the child's marriage,
37		-	enlistment in the armed forces of the United States, medical and
38		-	dental care, and psychiatric, psychological, and surgical
39		-	treatment;
40		-	(7) the right to represent the child in legal action
41		-	and to make other decisions of substantial legal significance
42		-	concerning the child;
43		-	(8) the right to receive and give receipt for payments
44		-	for the support of the child and to hold or disburse funds for the
45		-	benefit of the child;
46		-	(9) the right to inherit from and through the child;
47		-	and
48		-	(10) [the right to make decisions concerning the
49		-	child's education; and
50		-	[(11)] any other right or duty existing between a
51		-	parent and child by virtue of law.
52		-	SECTION 2. Chapter 151, Family Code, is amended by adding
	10	+	SECTION 1. Chapter 151, Family Code, is amended by adding
53	11		Section 151.004 to read as follows:
54		-	Sec. 151.004. PRESUMPTION OF PARENTAL FITNESS; FUNDAMENTAL
55		-	RIGHT OF PARENTS TO RAISE CHILDREN. (a) In a suit, there is a
56		-	presumption that a parent is a fit parent who acts in the best
57		-	interest of the parent's child.
58		-	(b) The fundamental right of a parent to raise the parent's
59		-	child includes the right to direct and make decisions for the
60		-	child's care, custody, control, education, upbringing, moral and
61		-	religious training, and medical care.
62		-	(c) In a suit between a parent and a nonparent, a court may
63		-	not grant any relief that conflicts with a parent's decisions or
64		-	proposed decisions for the child unless the court finds that:
65		-	(1) the requested relief is necessary to prevent a
66		-	significant impairment of the child's physical health or emotional
67		-	well-being; or
68		-	(2) in the most recent final order rendered regarding
69		-	the child in a previous suit to which the parent was a party, the
70		-	parent:
71		-	(A) either:
72		-	(i) was given an opportunity to be heard and
73		-	present evidence; or
74		-	(ii) entered into a written agreement that
75		-	did not name the parent as the sole managing conservator or a joint
76		-	managing conservator of the child;
77		-	(B) was not appointed as the sole managing
78		-	conservator or a joint managing conservator of the child; and
79		-	(C) had adequate notice of the final hearing as
80		-	required by law.
81		-	(d) This section may not be construed to limit the rights of
82		-	the state to investigate or act on a report of child abuse or
83		-	neglect allegedly committed by a person responsible for a child's
84		-	care, custody, or welfare, beyond the limitations required by the
85		-	United States Constitution and the Texas Constitution.
86		-	(e) This section does not apply to an order to enforce child
	12	+	Sec. 151.004. FUNDAMENTAL RIGHTS OF PARENTS. (a) A parent
	13	+	is presumed to be a fit parent who acts in the best interest of his
	14	+	or her child.
	15	+	(b) The fundamental right of a parent to raise his or her
	16	+	child includes but is not limited to the right to direct and make
	17	+	decisions for the care, custody, control, education, upbringing,
	18	+	moral and religious training, and medical care of the child.
	19	+	(c) In a suit between a parent and a non-parent, a parent who
	20	+	has suffered an infringement of his or her fundamental right under
	21	+	subsection (b) by a non-parent may raise subsection (d) as a
	22	+	defense.
	23	+	(d) A court may not order any relief that conflicts with a
	24	+	parent's fundamental right under Subsection (b) unless the court
	25	+	finds that the requested relief is necessary to prevent a
	26	+	significant impairment of the child’s physical health or emotional
	27	+	well-being.
	28	+	(e) This section may not be construed to limit the rights of
	29	+	the state, including the right to investigate or act on a report of
	30	+	child abuse or neglect allegedly committed by a person responsible
	31	+	for a child's care, custody, or welfare, beyond the limitations
	32	+	required by the United States Constitution.
	33	+	(f) This section does not apply to an action for child
87	34		support.
88		-	SECTION 3. This Act takes effect immediately if it receives
	35	+	SECTION 2. This Act takes effect immediately if it receives
89	36		a vote of two-thirds of all the members elected to each house, as
90	37		provided by Section 39, Article III, Texas Constitution. If this
91	38		Act does not receive the vote necessary for immediate effect, this
92	39		Act takes effect September 1, 2021.
93		-	* * * * *