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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of the best interest of a child in |
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certain 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 153.002, Family Code, is amended to read |
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as follows: |
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Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
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interest of the child shall always be the primary consideration of |
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the court in determining the issues of conservatorship and |
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possession of and access to the child. |
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(b) In a suit by a nonparent requesting possession of or |
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access to a child, it is a rebuttable presumption that: |
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(1) a parent makes decisions in the best interest of |
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the parent's child; and |
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(2) it is in the best interest of a child to be raised |
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by the child's parents. |
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SECTION 2. Section 263.307(a), Family Code, is amended to |
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read as follows: |
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(a) In considering the factors established by this section: |
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(1) [,] the prompt and permanent placement of the |
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child in a safe environment is presumed to be in the child's best |
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interest; and |
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(2) the rebuttable presumption described by Section |
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153.002(b) applies when determining the best interest of a child. |
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SECTION 3. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or filed on or after |
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that date. |
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SECTION 4. This Act takes effect September 1, 2023. |