By: Cook H.B. No. 3072
A BILL TO BE ENTITLED
AN ACT
relating to the determination of the best interest of a child in
certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.002, Family Code, is amended to read
as follows:
Sec. 153.002. BEST INTEREST OF CHILD. (a) The best
interest of the child shall always be the primary consideration of
the court in determining the issues of conservatorship and
possession of and access to the child.
(b) In a suit between a parent and a non-parent, it is a
rebuttable presumption that:
(1) a parent acts in the best interest of the parent's
child; and
(2) it is in the best interest of a child to be in the
care, custody and control of a parent.
SECTION 2. Section 156.101, Family Code, is amended by
adding a new Subsection (c) to read as follows:
(c) In a suit to which this chapter applies between a parent
and a nonparent, the presumption in Section 153.002(b) applies
unless the presumption has been overcome in the most recent final
order regarding the child who is the subject of the suit. The
presumption shall be deemed to have been overcome as to a given
parent if, in a prior proceeding and with respect to a child who is
the subject of the suit:
(1) the order sought to be modified expressly stated
that the presumption was overcome on the issue currently before the
court;
(2) the parent was neither named as nor continued as a
managing conservator in the most recent final order and the parent
is not being named as a managing conservator in the final order in
the current case before the court; or
(3) the order sought to be modified resulted from the
parent's voluntary relinquishment of actual care, custody,
control, and possession of the child to a nonparent.
SECTION 3. The changes in law made by this Act apply to an
action that is pending on or filed on or after the effective date of
this Act.
SECTION 4. This Act takes effect September 1, 2023.