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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. Section 151.001(a), Family Code, is amended to |
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read as follows: |
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(a) In addition to the rights and duties described by |
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Section 151.004, a [A] parent of a child has the following rights |
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and duties: |
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(1) the right to have physical possession[, to direct |
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the moral and religious training,] and to designate the residence |
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of the child; |
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(2) the duty of care, control, protection, and |
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reasonable discipline of the child; |
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(3) the duty to support the child, including providing |
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the child with clothing, food, shelter, medical and dental care, |
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and education; |
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(4) the duty, except when a guardian of the child's |
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estate has been appointed, to manage the estate of the child, |
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including the right as an agent of the child to act in relation to |
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the child's estate if the child's action is required by a state, the |
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United States, or a foreign government; |
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(5) except as provided by Section 264.0111, the right |
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to the services and earnings of the child; |
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(6) the right to consent to the child's marriage, |
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enlistment in the armed forces of the United States, medical and |
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dental care, and psychiatric, psychological, and surgical |
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treatment; |
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(7) the right to represent the child in legal action |
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and to make other decisions of substantial legal significance |
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concerning the child; |
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(8) the right to receive and give receipt for payments |
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for the support of the child and to hold or disburse funds for the |
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benefit of the child; |
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(9) the right to inherit from and through the child; |
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and |
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(10) [the right to make decisions concerning the |
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child's education; and |
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[(11)] any other right or duty existing between a |
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parent and child by virtue of law. |
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SECTION 2. 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. PRESUMPTION OF PARENTAL FITNESS; FUNDAMENTAL |
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RIGHT OF PARENTS TO RAISE CHILDREN. (a) In a suit, there is a |
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presumption that a parent is a fit parent who acts in the best |
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interest of the parent's child. |
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(b) The fundamental right of a parent to raise the parent's |
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child includes the right to direct and make decisions for the |
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child's care, custody, control, education, upbringing, moral and |
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religious training, and medical care. |
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(c) In a suit between a parent and a nonparent, a court may |
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not grant any relief that conflicts with a parent's decisions or |
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proposed decisions for the child unless the court finds that: |
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(1) 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; or |
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(2) in the most recent final order rendered regarding |
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the child in a previous suit to which the parent was a party, the |
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parent: |
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(A) either: |
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(i) was given an opportunity to be heard and |
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present evidence; or |
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(ii) entered into a written agreement that |
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did not name the parent as the sole managing conservator or a joint |
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managing conservator of the child; |
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(B) was not appointed as the sole managing |
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conservator or a joint managing conservator of the child; and |
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(C) had adequate notice of the final hearing as |
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required by law. |
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(d) This section may not be construed to limit the rights of |
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the state to investigate or act on a report of child abuse or |
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neglect allegedly committed by a person responsible for a child's |
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care, custody, or welfare, beyond the limitations required by the |
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United States Constitution and the Texas Constitution. |
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(e) This section does not apply to an order to enforce child |
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support. |
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SECTION 3. 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. |
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