1 | 1 | | 89R2304 PRL-F |
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2 | 2 | | By: Dutton H.B. No. 2495 |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to certain rights of the sole managing conservator of a |
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10 | 10 | | child in relation to the child's enrollment in school. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 153.132, Family Code, is amended to read |
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13 | 13 | | as follows: |
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14 | 14 | | Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE |
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15 | 15 | | MANAGING CONSERVATOR. Unless limited by court order, a parent |
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16 | 16 | | appointed as sole managing conservator of a child has the rights and |
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17 | 17 | | duties provided by Subchapter B and the following exclusive rights: |
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18 | 18 | | (1) the right to designate the primary residence of |
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19 | 19 | | the child; |
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20 | 20 | | (2) the right to consent to medical, dental, and |
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21 | 21 | | surgical treatment involving invasive procedures; |
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22 | 22 | | (3) the right to consent to psychiatric and |
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23 | 23 | | psychological treatment; |
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24 | 24 | | (4) the right to receive and give receipt for periodic |
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25 | 25 | | payments for the support of the child and to hold or disburse these |
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26 | 26 | | funds for the benefit of the child; |
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27 | 27 | | (5) the right to represent the child in legal action |
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28 | 28 | | and to make other decisions of substantial legal significance |
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29 | 29 | | concerning the child; |
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30 | 30 | | (6) the right to consent to marriage and to enlistment |
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31 | 31 | | in the armed forces of the United States; |
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32 | 32 | | (7) the right to make decisions concerning the child's |
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33 | 33 | | education; |
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34 | 34 | | (8) the right to designate the school the child will |
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35 | 35 | | attend and to enroll the child in the school, subject to any |
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36 | 36 | | eligibility or admissions requirements; |
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37 | 37 | | (9) the right to the services and earnings of the |
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38 | 38 | | child; |
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39 | 39 | | (10) [(9)] except when a guardian of the child's |
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40 | 40 | | estate or a guardian or attorney ad litem has been appointed for the |
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41 | 41 | | child, the right to act as an agent of the child in relation to the |
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42 | 42 | | child's estate if the child's action is required by a state, the |
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43 | 43 | | United States, or a foreign government; and |
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44 | 44 | | (11) [(10)] the right to: |
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45 | 45 | | (A) apply for a passport for the child; |
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46 | 46 | | (B) renew the child's passport; and |
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47 | 47 | | (C) maintain possession of the child's passport. |
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48 | 48 | | SECTION 2. Section 153.371, Family Code, is amended to read |
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49 | 49 | | as follows: |
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50 | 50 | | Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS |
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51 | 51 | | SOLE MANAGING CONSERVATOR. Unless limited by court order or other |
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52 | 52 | | provisions of this chapter, a nonparent, a licensed child-placing |
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53 | 53 | | agency, or the Department of Family and Protective Services |
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54 | 54 | | appointed as a managing conservator of the child has the following |
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55 | 55 | | rights and duties: |
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56 | 56 | | (1) the right to have physical possession and to |
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57 | 57 | | direct the moral and religious training of the child; |
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58 | 58 | | (2) the duty of care, control, protection, and |
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59 | 59 | | reasonable discipline of the child; |
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60 | 60 | | (3) the duty to provide the child with clothing, food, |
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61 | 61 | | shelter, education, and medical, psychological, and dental care; |
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62 | 62 | | (4) the right to consent for the child to medical, |
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63 | 63 | | psychiatric, psychological, dental, and surgical treatment and to |
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64 | 64 | | have access to the child's medical records; |
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65 | 65 | | (5) the right to receive and give receipt for payments |
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66 | 66 | | for the support of the child and to hold or disburse funds for the |
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67 | 67 | | benefit of the child; |
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68 | 68 | | (6) the right to the services and earnings of the |
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69 | 69 | | child; |
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70 | 70 | | (7) the right to consent to marriage and to enlistment |
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71 | 71 | | in the armed forces of the United States; |
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72 | 72 | | (8) the right to represent the child in legal action |
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73 | 73 | | and to make other decisions of substantial legal significance |
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74 | 74 | | concerning the child; |
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75 | 75 | | (9) except when a guardian of the child's estate or a |
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76 | 76 | | guardian or attorney ad litem has been appointed for the child, the |
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77 | 77 | | right to act as an agent of the child in relation to the child's |
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78 | 78 | | estate if the child's action is required by a state, the United |
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79 | 79 | | States, or a foreign government; |
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80 | 80 | | (10) the right to designate the primary residence of |
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81 | 81 | | the child and to make decisions regarding the child's education; |
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82 | 82 | | (11) the right to designate the school the child will |
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83 | 83 | | attend and to enroll the child in the school, subject to any |
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84 | 84 | | eligibility or admissions requirements; |
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85 | 85 | | (12) if the parent-child relationship has been |
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86 | 86 | | terminated with respect to the parents, or only living parent, or if |
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87 | 87 | | there is no living parent, the right to consent to the adoption of |
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88 | 88 | | the child and to make any other decision concerning the child that a |
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89 | 89 | | parent could make; and |
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90 | 90 | | (13) [(12)] the right to: |
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91 | 91 | | (A) apply for a passport for the child; |
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92 | 92 | | (B) renew the child's passport; and |
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93 | 93 | | (C) maintain possession of the child's passport. |
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94 | 94 | | SECTION 3. The changes in law made by this Act to Sections |
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95 | 95 | | 153.132 and 153.371, Family Code, apply only to a suit affecting the |
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96 | 96 | | parent-child relationship that is pending in a trial court on or |
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97 | 97 | | filed on or after the effective date of this Act. |
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98 | 98 | | SECTION 4. This Act takes effect September 1, 2025. |
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