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 - Dead) 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
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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