2023S0243-1 03/06/23
By: Hughes S.B. No. 1690
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the conservatorship of a child by a parent
who removes the child from this state for certain purposes relating
to gender reassignment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 153, Family Code, is
amended by adding Section 153.0041 to read as follows:
Sec. 153.0041. GENDER REASSIGNMENT TREATMENT OR PROCEDURE.
(a) In this section, "gender reassignment treatment or procedure"
means a medical treatment or procedure provided or performed for
the purpose of altering an individual's primary or secondary sex
characteristics. The term includes providing puberty-blocking
drugs, providing cross-sex hormones, or performing genital or
nongenital gender reassignment surgery.
(b) The court may not appoint a parent as conservator of a
child if the parent removed the child from this state for the
purpose of obtaining or seeking to obtain a gender reassignment
treatment or procedure for the child and the parent requests a
transfer of jurisdiction from this state.
(c) In an order appointing a conservator, the court shall
include a notice of the potential consequences of removing a child
from this state for the purpose of obtaining or seeking to obtain a
gender reassignment treatment or procedure.
SECTION 2. Subchapter B, Chapter 156, Family Code, is
amended by adding Section 156.1042 to read as follows:
Sec. 156.1042. MODIFICATION OF ORDER ON CERTAIN GROUNDS
RELATING TO GENDER REASSIGNMENT TREATMENT OR PROCEDURE. (a) In
this section, "gender reassignment treatment or procedure" has the
meaning assigned by Section 153.0041.
(b) The removal of a child from this state by the child's
parent for the purpose of obtaining or seeking to obtain a gender
reassignment treatment or procedure for the child constitutes a
material and substantial change in circumstances sufficient to
justify a temporary order and modification of an existing court
order or portion of a decree that provides for the appointment of
the parent as the child's conservator.
SECTION 3. (a) Section 153.0041(b), Family Code, as added
by this Act, applies only to a removal of a child from this state by
the child's parent for the purpose described by that subsection
that occurs on or after the effective date of this Act.
(b) Section 153.0041(c), Family Code, as added by this Act,
applies only to an order rendered on or after the effective date of
this Act.
SECTION 4. Section 156.1042, Family Code, as added by this
Act, applies only to a suit for modification of an order providing
for the conservatorship of a child that is brought on the grounds
that, on or after the effective date of this Act, a parent removed
the parent's child from this state for the purpose described by that
section.
SECTION 5. This Act takes effect September 1, 2023.