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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the conservatorship of a child by a parent |
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who removes the child from this state for certain purposes relating |
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to gender reassignment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. GENDER REASSIGNMENT TREATMENT OR PROCEDURE. |
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(a) In this section, "gender reassignment treatment or procedure" |
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means a medical treatment or procedure provided or performed for |
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the purpose of altering an individual's primary or secondary sex |
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characteristics. The term includes providing puberty-blocking |
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drugs, providing cross-sex hormones, or performing genital or |
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nongenital gender reassignment surgery. |
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(b) The court may not appoint a parent as conservator of a |
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child if the parent removed the child from this state for the |
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purpose of obtaining or seeking to obtain a gender reassignment |
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treatment or procedure for the child and the parent requests a |
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transfer of jurisdiction from this state. |
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(c) In an order appointing a conservator, the court shall |
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include a notice of the potential consequences of removing a child |
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from this state for the purpose of obtaining or seeking to obtain a |
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gender reassignment treatment or procedure. |
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SECTION 2. Subchapter B, Chapter 156, Family Code, is |
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amended by adding Section 156.1042 to read as follows: |
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Sec. 156.1042. MODIFICATION OF ORDER ON CERTAIN GROUNDS |
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RELATING TO GENDER REASSIGNMENT TREATMENT OR PROCEDURE. (a) In |
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this section, "gender reassignment treatment or procedure" has the |
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meaning assigned by Section 153.0041. |
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(b) The removal of a child from this state by the child's |
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parent for the purpose of obtaining or seeking to obtain a gender |
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reassignment treatment or procedure for the child constitutes a |
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material and substantial change in circumstances sufficient to |
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justify a temporary order and modification of an existing court |
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order or portion of a decree that provides for the appointment of |
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the parent as the child's conservator. |
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SECTION 3. (a) Section 153.0041(b), Family Code, as added |
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by this Act, applies only to a removal of a child from this state by |
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the child's parent for the purpose described by that subsection |
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that occurs on or after the effective date of this Act. |
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(b) Section 153.0041(c), Family Code, as added by this Act, |
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applies only to an order rendered on or after the effective date of |
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this Act. |
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SECTION 4. Section 156.1042, Family Code, as added by this |
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Act, applies only to a suit for modification of an order providing |
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for the conservatorship of a child that is brought on the grounds |
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that, on or after the effective date of this Act, a parent removed |
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the parent's child from this state for the purpose described by that |
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section. |
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SECTION 5. This Act takes effect September 1, 2023. |