BILL ANALYSIS

C.S.H.B. 4507

By: Dutton

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that children who have experienced abuse or neglect within their family often face long-term emotional, psychological, and safety challenges, and that retaining a family name can retraumatize a child or make it easier for an abuser to locate the child who may have been placed in a new living situation. The bill author has further informed the committee that a name change for these children can be a critical step toward healing, reclaiming their identity, and ensuring anonymity from harmful individuals; however, the current legal process for a name change does not adequately consider the unique vulnerabilities of such children and may impose barriers that delay or discourage name changes. C.S.H.B. 4507 seeks to address these issues by providing a clear and more accessible process through which children whose parents' parental rights have been terminated may change their name.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4507 amends the Family Code to authorize the following individuals to file a petition requesting a change of name of a child for whom the parent-child relationship between the child and the child's parents has been terminated:

· the child who is the subject of the order terminating the parent-child relationship, if the child is at least 10 years of age;

· an attorney ad litem appointed to represent the child's interests in a proceeding relating to the termination of the parent-child relationship; or

· a managing conservator appointed for the child by a court that terminates the parent‑child relationship.

Such a petition must be filed in the county where the applicable child resides. The bill requires a court to appoint an attorney ad litem to represent the interest of a child who files such a petition at a hearing held for that purpose if the child is not already represented by an attorney.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4507 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced authorized a child who is at least 10 years of age to file a petition requesting a change of the child's name in the county where the child resides, the substitute authorizes a child who is at least 10 years of age and is the subject of an order terminating the parent-child relationship, or an attorney ad litem or managing conservator appointed for the child under applicable state law, to file a such a petition in the county where the child resides.

While both the substitute and the introduced require a court to appoint an attorney ad litem to represent the interest of a child who files a petition for a change of name at a hearing held for that purpose, the substitute conditions this requirement on the child not already being represented by an attorney, whereas the introduced did not.