Bill Text: TX SB2365 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the protection of parental rights.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-09 - Left pending in committee [SB2365 Detail]

Download: Texas-2019-SB2365-Introduced.html
  86R12228 JSC-F
 
  By: Hughes S.B. No. 2365
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the protection of parental rights.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.001(a), Family Code, is amended to
  read as follows:
         (a)  A parent of a child has the following rights and duties:
               (1)  the right to:
                     (A)  have physical possession of the child;
                     (B)  [, to] direct the nurture, upbringing, moral
  and religious training, and health care of the child; and
                     (C)  [to] designate the residence of the child;
               (2)  the duty of care, control, protection, and
  reasonable discipline of the child;
               (3)  the duty to support the child, including providing
  the child with clothing, food, shelter, medical and dental care,
  and education;
               (4)  the duty, except when a guardian of the child's
  estate has been appointed, to manage the estate of the child,
  including the right as an agent of the child to act in relation to
  the child's estate if the child's action is required by a state, the
  United States, or a foreign government;
               (5)  except as provided by Section 264.0111, the right
  to the services and earnings of the child;
               (6)  the right to consent to the child's [marriage,]
  enlistment in the armed forces of the United States, medical and
  dental care, and psychiatric, psychological, and surgical
  treatment;
               (7)  the right to represent the child in legal action
  and to make other decisions of substantial legal significance
  concerning the child;
               (8)  the right to receive and give receipt for payments
  for the support of the child and to hold or disburse funds for the
  benefit of the child;
               (9)  the right to inherit from and through the child;
               (10)  the right to make decisions concerning the
  child's education; and
               (11)  any other right or duty existing between a parent
  and child by virtue of law.
         SECTION 2.  Chapter 151, Family Code, is amended by adding
  Section 151.004 to read as follows:
         Sec. 151.004.  PROTECTION OF PARENTAL RIGHTS. (a) The
  liberty of a parent regarding the care, custody, and control of the
  parent's child is a fundamental right that resides first in the
  parent. 
         (b)  It is presumed that:
               (1)  a parent is a fit parent; and
               (2)  a fit parent acts in the best interest of the
  child.
         (c)  For purposes of Subsection (b), a parent may be
  determined to not be a fit parent only by clear and convincing
  evidence that the parent does not adequately care for the parent's
  child.
         (d)  The state, or an agency or political subdivision of the
  state, may not restrict or interfere with a parent's fundamental
  right to make decisions in the raising of the parent's child unless
  the state, agency, or political subdivision demonstrates that the
  action of the state, agency, or political subdivision:
               (1)  is in furtherance of a compelling governmental
  interest; and
               (2)  is narrowly tailored to accomplish that interest.
         (e)  A court may not restrict or interfere with the
  fundamental right of a parent solely because the court believes a
  better decision could be made. A court may restrict or interfere
  with the fundamental right of a parent only if the court:
               (1)  first overcomes the presumptions described by
  Subsection (b); and
               (2)  finds that:
                     (A)  the parent is not a fit parent; or
                     (B)  the infringement is necessary to prevent a
  significant impairment of the child's physical health or emotional
  well-being.
         (f)  This section does not limit the right of the state or an
  agency or political subdivision of the state, in accordance with
  the United States Constitution and applicable state and federal
  law, to investigate or take action based on a report of child abuse
  or neglect allegedly committed by a person responsible for a
  child's care, custody, or welfare.
         SECTION 3.  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)  It is presumed that:
               (1)  a parent is a fit parent; and
               (2)  a fit parent acts in the best interest of the
  child.
         (c)  For purposes of Subsection (b), a parent may be
  determined to not be a fit parent only by clear and convincing
  evidence that the parent does not adequately care for the parent's
  child.
         SECTION 4.  The changes in law made by this Act apply only to
  a suit affecting the parent-child relationship pending in a trial
  court on the effective date of this Act or filed on or after that
  date. A suit affecting the parent-child relationship in which a
  final order is rendered before the effective date of this Act is
  governed by the law in effect on the date the order was rendered,
  and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2019.
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