BILL ANALYSIS

H.B. 2495

By: Dutton

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law provides certain rights to a parent who has been appointed managing conservator that are either exclusive, independent, or exercised by agreement with the other managing conservators, as applicable, such as the right to designate the child's primary residence, make medical decisions, and make educational decisions. However, the bill author has informed the committee that while a sole managing conservator may enjoy the exclusive right to make educational decisions, the failure to specifically delineate the right to designate what school a child will attend or the right to enroll a child in school forces court intervention when a sole managing conservator and a possessory conservator disagree on the scope of educational decisions. H.B. 2495 seeks to provide clarification for the right to designate the school and to enroll the child in the school by granting sole managing conservators the exclusive right to do so, with the aim of reducing conflict between conservators and the stress on the child who is the subject of the suit.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2495 amends the Family Code to include the right to designate the school a child will attend and to enroll the child in the school, subject to any eligibility or admissions requirements, among the rights of any of the following entities appointed as sole managing conservator of the child in a suit affecting the parent-child relationship, unless limited by court order or, if applicable, other statutory provisions:

· a parent;

· a nonparent;

· a licensed child-placing agency; or

· the Department of Family and Protective Services.

The bill applies only to a suit affecting the parent-child relationship that is pending in a trial court on or filed on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.