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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of a child's gender identity or |
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expression in suits affecting the parent-child relationship and |
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other proceedings involving children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 101, Family Code, is amended by adding |
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Section 101.0137 to read as follows: |
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Sec. 101.0137. GENDER IDENTITY OR EXPRESSION. "Gender |
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identity or expression" means having or being perceived as having a |
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gender-related identity, appearance, expression, or behavior, |
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regardless of whether that identity, appearance, expression, or |
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behavior is different from that commonly associated with the |
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individual's actual or perceived sex. |
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SECTION 2. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.0041 to read as follows: |
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Sec. 153.0041. ACKNOWLEDGEMENT OF CHILD'S GENDER IDENTITY |
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OR EXPRESSION. In determining whether to appoint a party as a sole |
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or joint managing conservator of a child, the court may not consider |
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evidence regarding whether the party demonstrates a history or |
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pattern of acknowledging or declining to acknowledge the child's |
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gender identity or expression. |
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SECTION 3. Section 161.001(c), Family Code, is amended to |
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read as follows: |
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(c) A court may not make a finding under Subsection (b) and |
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order termination of the parent-child relationship based on |
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evidence that the parent: |
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(1) homeschooled the child; |
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(2) is economically disadvantaged; |
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(3) has been charged with a nonviolent misdemeanor |
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offense other than: |
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(A) an offense under Title 5, Penal Code; |
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(B) an offense under Title 6, Penal Code; or |
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(C) an offense that involves family violence, as |
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defined by Section 71.004 of this code; |
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(4) provided or administered low-THC cannabis to a |
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child for whom the low-THC cannabis was prescribed under Chapter |
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169, Occupations Code; [or] |
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(5) declined immunization for the child for reasons of |
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conscience, including a religious belief; or |
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(6) acknowledges or declines to acknowledge the |
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child's gender identity or expression. |
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SECTION 4. Section 261.001, Family Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Abuse" does not include a person's willingness |
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or unwillingness to acknowledge a child's gender identity or |
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expression. |
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SECTION 5. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship that is filed on or |
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after the effective date of this Act. A suit affecting the |
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parent-child relationship filed before that date is governed by the |
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law in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |