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LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 1, 2021
TO:
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1178 by Birdwell (Relating to the rights and duties of parents and the protection of parental rights in suits affecting the parent-child relationship.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Family Code to provide that the fundamental right of a parent to raise his or her child includes but is not limited to the right to direct and make decisions for the care, custody, control, education, upbringing, moral and religious training, and medical care of the child. The bill would provide that a court cannot order any relief that conflicts with a parent's fundamental rights as described by the bill unless the court finds the requested relief is necessary to prevent a significant impairment of the child's physical health or emotional well-being.
The bill would not apply to an action for child support and could not be construed to limit the rights of the state, including the right to investigate or act on a report of child abuse or neglect allegedly committed by a person responsible for a child's care, custody, or welfare, beyond the limitations required by the United States Constitution.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.