HB 2495
AN ACT relating to certain rights of the sole managing conservator of a
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Clarifies and defines the rights of sole managing conservators (parents or non-parents) in child custody cases, specifically detailing their legal authority regarding a child's education, medical care, legal representation, and passport management. The legislation establishes that the sole managing conservator has the exclusive right to designate the child's primary residence, choose and enroll the child in school, consent to medical and psychiatric treatments, represent the child in legal actions, and make significant decisions about the child's welfare. These rights apply to both parent and non-parent conservators, such as licensed child-placing agencies or the Department of Family and Protective Services, and will take effect on September 1, 2025, for new or pending child custody cases.
Subject Areas
Bill Text
relating to certain rights of the sole managing conservator of a child in relation to the child's enrollment in school. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 153.132, Family Code, is amended to read Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's (8) the right to designate the school the child will attend and to enroll the child in the school, subject to any eligibility or admissions requirements; (9) the right to the services and earnings of the (10) [(9)] except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and (A) apply for a passport for the child; (B) renew the child's passport; and (C) maintain possession of the child's passport. SECTION 2. Section 153.371, Family Code, is amended to read Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a managing conservator of the child has the following (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the (6) the right to the services and earnings of the (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) the right to designate the school the child will attend and to enroll the child in the school, subject to any eligibility or admissions requirements; (12) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a (A) apply for a passport for the child; (B) renew the child's passport; and (C) maintain possession of the child's passport. SECTION 3. The changes in law made by this Act to Sections 153.132 and 153.371, Family Code, apply only to a suit affecting the parent-child relationship that is pending in a trial court on or filed on or after the effective date of this Act. SECTION 4. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to certain rights of the sole managing conservator of a
Related Guides
Learn more about tracking Texas legislation and working with lobbyists.
How to Read & Track Texas Bills
Master bill numbering, understand legislative language, and learn effective tracking strategies.
Understanding Texas Legislative Deadlines
Navigate the 140-day session with critical calendar dates and filing deadlines.
How Laws Get Made in Texas
Follow a bill's journey from filing to the governor's desk through committees and floor votes.
When Should Your Business Hire a Lobbyist?
Discover the signs that your business needs professional advocacy at the Texas Capitol.