| |
| |
|
|
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. |