Bill Text: TX HB2756 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the protection of parental rights.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-24 - Failed to receive affirmative vote in comm. [HB2756 Detail]
Download: Texas-2019-HB2756-Introduced.html
By: Leach | H.B. No. 2756 |
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relating to the protection of parental rights. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 153.002, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.002. THE FUNDAMENTAL RIGHT OF PARENTS AND THE BEST | ||
INTEREST OF CHILDREN. (a) It is the public policy of this state, in | ||
a suit between a parent and a non-parent, to recognize that in order | ||
to preserve the best interests of Texas children and families the | ||
state may not inject itself into the private realm of the family to | ||
interfere with the right and the high duty of parents to raise their | ||
children without first overcoming the presumption that a parent is | ||
fit and that a fit parent acts in the best interests of their child; | ||
(b) The best interest of the child shall always be the | ||
primary consideration of the court in determining the issues of | ||
conservatorship and possession of and access to the child; | ||
(c) The fundamental right of parents to raise their children | ||
includes but is not limited to the right to direct the care, | ||
custody, control, education, upbringing, moral and religious | ||
training, and health care of their child; | ||
(d) A fit parent is one who adequately cares for his or her | ||
children; | ||
(e) In a suit between a parent and a non-parent: | ||
(1) Neither the State of Texas nor any political | ||
subdivision of this state may restrict or interfere with a parent's | ||
fundamental right to raise their children unless it is demonstrated | ||
that the restriction or interference is both: | ||
(A) essential to further a compelling | ||
governmental interest; and | ||
(B) narrowly tailored to accomplish the | ||
compelling governmental interest; | ||
(2) A court in this state may not interfere with the | ||
fundamental right of parents to raise their children simply because | ||
the court believes a better decision could be made. Before a court | ||
may interfere with the fundamental right of parents to raise their | ||
children, the court must first overcome the presumption that the | ||
parent is fit and that a fit parent acts in the best interests of | ||
their child. Any restriction on or interference by a court with a | ||
parent's fundamental right must be supported by a finding that: | ||
(A) the parent is unfit; or | ||
(B) the interference is necessary to prevent a | ||
significant impairment of the child's physical health or emotional | ||
well being; | ||
(f) Nothing in this section shall be construed to limit | ||
the | ||
right of the state to investigate or act upon a report of child | ||
abuse or neglect allegedly committed by a person responsible for a | ||
child's care, custody, or welfare beyond the limitations already | ||
required by the United States Constitution. |