Bill Text: TX SB1164 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the determination of the best interest of a child in certain suits affecting the parent-child relationship.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to State Affairs [SB1164 Detail]

Download: Texas-2023-SB1164-Introduced.html

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88R3545 AMF-F
By: Birdwell S.B. No. 1164

A BILL TO BE ENTITLED
AN ACT
relating to the determination of the best interest of a child in
certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.002, Family Code, is amended to read
as follows:
Sec. 153.002. BEST INTEREST OF CHILD. (a) 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.
(b) In a suit by a nonparent requesting possession of or
access to a child, it is a rebuttable presumption that:
(1) a parent makes decisions in the best interest of
the parent's child; and
(2) it is in the best interest of a child to be raised
by the child's parents.
SECTION 2. Section 263.307(a), Family Code, is amended to
read as follows:
(a) In considering the factors established by this section:
(1) [,] the prompt and permanent placement of the
child in a safe environment is presumed to be in the child's best
interest; and
(2) the rebuttable presumption described by Section
153.002(b) applies when determining the best interest of a child.
SECTION 3. The change in law made by this Act applies to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or filed on or after
that date.
SECTION 4. This Act takes effect September 1, 2023.