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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights and duties of parents and the protection of |
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parental rights in suits affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 151, Family Code, is amended by adding |
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Section 151.004 to read as follows: |
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Sec. 151.004. FUNDAMENTAL RIGHTS OF PARENTS. (a) A parent |
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is presumed to be a fit parent who acts in the best interest of his |
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or her child. |
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(b) The fundamental right of a parent to raise his or her |
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child includes but is not limited to the right to direct and make |
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decisions for the care, custody, control, education, upbringing, |
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moral and religious training, and medical care of the child. |
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(c) In a suit between a parent and a non-parent, a parent who |
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has suffered an infringement of his or her fundamental right under |
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subsection (b) by a non-parent may raise subsection (d) as a |
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defense. |
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(d) A court may not order any relief that conflicts with a |
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parent's fundamental right under Subsection (b) unless the court |
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finds that the requested relief is necessary to prevent a |
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significant impairment of the child’s physical health or emotional |
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well-being. |
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(e) This section may not be construed to limit the rights of |
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the state, including the right to investigate or act on a report of |
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child abuse or neglect allegedly committed by a person responsible |
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for a child's care, custody, or welfare, beyond the limitations |
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required by the United States Constitution. |
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(f) This section does not apply to an action for child |
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support. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |