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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 the child and |
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possession of or access to a child by a nonparent in certain suits |
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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 between a parent and a nonparent, it is a |
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rebuttable presumption that: |
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(1) a parent acts in the best interest of the parent's |
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child; and |
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(2) it is in the best interest of a child to be in the |
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care, custody, and control of a parent. |
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(c) In a suit between a parent and a nonparent, the |
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nonparent may overcome the presumption under Subsection (b) by |
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proving by clear and convincing evidence that denial of the relief |
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requested by the nonparent would significantly impair the child's |
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physical health or emotional development. |
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SECTION 2. Section 156.101, Family Code, is amended by |
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adding Subsections (c), (d), (e), and (f) to read as follows: |
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(c) Subject to Subsections (d) and (e), in determining the |
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best interest of a child under this section with respect to a |
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request to modify an order to grant possession of or access to the |
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child to a nonparent, the presumption under Section 153.002(b) |
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applies. |
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(d) Except as provided by Subsection (f), in a suit for |
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modification between a parent and a nonparent, the presumption |
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under Section 153.002(b) is rebutted with respect to the parent who |
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is a party to the suit if the order subject to modification: |
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(1) expressly states that the presumption was rebutted |
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with respect to the parent; |
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(2) appoints a nonparent as conservator of the child; |
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(3) subject to Subsection (e), grants a nonparent |
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possession of or access to the child; or |
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(4) is the result of the parent's voluntary |
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relinquishment of the actual care, control, or possession of the |
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child to a nonparent as described by Section 153.373. |
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(e) The presumption under Section 153.002(b) may be |
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rebutted as provided by Subsection (d)(3) only in a suit for |
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modification in which a nonparent seeks possession of or access to |
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the child. The presumption may not be rebutted as provided by that |
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subdivision in a suit for modification in which a nonparent seeks |
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conservatorship of the child. |
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(f) Subsection (d) does not apply: |
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(1) to a temporary order rendered under Section |
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156.006; or |
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(2) if the order subject to modification expressly |
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states that the parties agree the presumption under Section |
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153.002(b) is not rebutted. |
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SECTION 3. The following provisions of the Family Code are |
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repealed: |
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(1) Section 102.004(c); |
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(2) Sections 153.432, 153.433, and 153.434; |
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(3) Section 161.206(c); and |
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(4) Section 162.017(d). |
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SECTION 4. (a) The changes in law made by this Act apply |
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only to a suit affecting the parent-child relationship that is |
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filed on or after the effective date of this Act. A suit affecting |
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the parent-child relationship filed before the effective date of |
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this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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(b) The enactment of this Act does not constitute a material |
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and substantial change of circumstances sufficient to warrant |
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modification of a court order or portion of a decree that provides |
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for the possession of or access to a child rendered before the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |