| 1 | 1 | | 2023S0243-1 03/06/23 |
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| 2 | 2 | | By: Hughes S.B. No. 1690 |
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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 prohibiting the conservatorship of a child by a parent |
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| 8 | 8 | | who removes the child from this state for certain purposes relating |
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| 9 | 9 | | to gender reassignment. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 153, Family Code, is |
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| 12 | 12 | | amended by adding Section 153.0041 to read as follows: |
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| 13 | 13 | | Sec. 153.0041. GENDER REASSIGNMENT TREATMENT OR PROCEDURE. |
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| 14 | 14 | | (a) In this section, "gender reassignment treatment or procedure" |
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| 15 | 15 | | means a medical treatment or procedure provided or performed for |
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| 16 | 16 | | the purpose of altering an individual's primary or secondary sex |
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| 17 | 17 | | characteristics. The term includes providing puberty-blocking |
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| 18 | 18 | | drugs, providing cross-sex hormones, or performing genital or |
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| 19 | 19 | | nongenital gender reassignment surgery. |
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| 20 | 20 | | (b) The court may not appoint a parent as conservator of a |
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| 21 | 21 | | child if the parent removed the child from this state for the |
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| 22 | 22 | | purpose of obtaining or seeking to obtain a gender reassignment |
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| 23 | 23 | | treatment or procedure for the child and the parent requests a |
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| 24 | 24 | | transfer of jurisdiction from this state. |
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| 25 | 25 | | (c) In an order appointing a conservator, the court shall |
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| 26 | 26 | | include a notice of the potential consequences of removing a child |
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| 27 | 27 | | from this state for the purpose of obtaining or seeking to obtain a |
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| 28 | 28 | | gender reassignment treatment or procedure. |
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| 29 | 29 | | SECTION 2. Subchapter B, Chapter 156, Family Code, is |
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| 30 | 30 | | amended by adding Section 156.1042 to read as follows: |
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| 31 | 31 | | Sec. 156.1042. MODIFICATION OF ORDER ON CERTAIN GROUNDS |
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| 32 | 32 | | RELATING TO GENDER REASSIGNMENT TREATMENT OR PROCEDURE. (a) In |
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| 33 | 33 | | this section, "gender reassignment treatment or procedure" has the |
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| 34 | 34 | | meaning assigned by Section 153.0041. |
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| 35 | 35 | | (b) The removal of a child from this state by the child's |
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| 36 | 36 | | parent for the purpose of obtaining or seeking to obtain a gender |
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| 37 | 37 | | reassignment treatment or procedure for the child constitutes a |
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| 38 | 38 | | material and substantial change in circumstances sufficient to |
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| 39 | 39 | | justify a temporary order and modification of an existing court |
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| 40 | 40 | | order or portion of a decree that provides for the appointment of |
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| 41 | 41 | | the parent as the child's conservator. |
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| 42 | 42 | | SECTION 3. (a) Section 153.0041(b), Family Code, as added |
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| 43 | 43 | | by this Act, applies only to a removal of a child from this state by |
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| 44 | 44 | | the child's parent for the purpose described by that subsection |
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| 45 | 45 | | that occurs on or after the effective date of this Act. |
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| 46 | 46 | | (b) Section 153.0041(c), Family Code, as added by this Act, |
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| 47 | 47 | | applies only to an order rendered on or after the effective date of |
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| 48 | 48 | | this Act. |
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| 49 | 49 | | SECTION 4. Section 156.1042, Family Code, as added by this |
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| 50 | 50 | | Act, applies only to a suit for modification of an order providing |
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| 51 | 51 | | for the conservatorship of a child that is brought on the grounds |
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| 52 | 52 | | that, on or after the effective date of this Act, a parent removed |
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| 53 | 53 | | the parent's child from this state for the purpose described by that |
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| 54 | 54 | | section. |
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| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2023. |
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