Bill Text: TX SB1690 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibiting the conservatorship of a child by a parent who removes the child from this state for certain purposes relating to gender reassignment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-03-16 - Referred to State Affairs [SB1690 Detail]
Download: Texas-2023-SB1690-Introduced.html
2023S0243-1 03/06/23 | ||
By: Hughes | S.B. No. 1690 |
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relating to prohibiting the conservatorship of a child by a parent | ||
who removes the child from this state for certain purposes relating | ||
to gender reassignment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 153, Family Code, is | ||
amended by adding Section 153.0041 to read as follows: | ||
Sec. 153.0041. GENDER REASSIGNMENT TREATMENT OR PROCEDURE. | ||
(a) In this section, "gender reassignment treatment or procedure" | ||
means a medical treatment or procedure provided or performed for | ||
the purpose of altering an individual's primary or secondary sex | ||
characteristics. The term includes providing puberty-blocking | ||
drugs, providing cross-sex hormones, or performing genital or | ||
nongenital gender reassignment surgery. | ||
(b) The court may not appoint a parent as conservator of a | ||
child if the parent removed the child from this state for the | ||
purpose of obtaining or seeking to obtain a gender reassignment | ||
treatment or procedure for the child and the parent requests a | ||
transfer of jurisdiction from this state. | ||
(c) In an order appointing a conservator, the court shall | ||
include a notice of the potential consequences of removing a child | ||
from this state for the purpose of obtaining or seeking to obtain a | ||
gender reassignment treatment or procedure. | ||
SECTION 2. Subchapter B, Chapter 156, Family Code, is | ||
amended by adding Section 156.1042 to read as follows: | ||
Sec. 156.1042. MODIFICATION OF ORDER ON CERTAIN GROUNDS | ||
RELATING TO GENDER REASSIGNMENT TREATMENT OR PROCEDURE. (a) In | ||
this section, "gender reassignment treatment or procedure" has the | ||
meaning assigned by Section 153.0041. | ||
(b) The removal of a child from this state by the child's | ||
parent for the purpose of obtaining or seeking to obtain a gender | ||
reassignment treatment or procedure for the child constitutes a | ||
material and substantial change in circumstances sufficient to | ||
justify a temporary order and modification of an existing court | ||
order or portion of a decree that provides for the appointment of | ||
the parent as the child's conservator. | ||
SECTION 3. (a) Section 153.0041(b), Family Code, as added | ||
by this Act, applies only to a removal of a child from this state by | ||
the child's parent for the purpose described by that subsection | ||
that occurs on or after the effective date of this Act. | ||
(b) Section 153.0041(c), Family Code, as added by this Act, | ||
applies only to an order rendered on or after the effective date of | ||
this Act. | ||
SECTION 4. Section 156.1042, Family Code, as added by this | ||
Act, applies only to a suit for modification of an order providing | ||
for the conservatorship of a child that is brought on the grounds | ||
that, on or after the effective date of this Act, a parent removed | ||
the parent's child from this state for the purpose described by that | ||
section. | ||
SECTION 5. This Act takes effect September 1, 2023. |