Relating to certain rights of a child or a parent or the sole managing conservator of a child in relation to the child's enrollment in school.

89(R) HB 2495 - Enrolled version - Bill Text

H.B. No. 2495

AN ACT

relating to certain rights of a child or a parent or 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 26.002, Education Code, is amended to

read as follows:

Sec. 26.002. DEFINITION. In this chapter, "parent"

includes a person standing in parental relation. The term does not

include a person as to whom the parent-child relationship has been

terminated or a person not entitled to possession of or access to a

child under a court order. Except as provided by federal law, all

rights of a parent under Title 2 of this code and all educational

rights under
Sections
[
Section
] 151.001(a)(10)
and (11)
, Family

Code, shall be exercised by a student who is 18 years of age or older

or whose disabilities of minority have been removed for general

purposes under Chapter 31, Family Code, unless the student has been

determined to be incompetent or the student's rights have been

otherwise restricted by a court order.

SECTION 2. Section 31.006, Family Code, is amended to read

as follows:

Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for

specific constitutional and statutory age requirements, a minor

whose disabilities are removed for general purposes has the

capacity of an adult, including the capacity to contract. Except as

provided by federal law, all educational rights accorded to the

parent of a student, including the right to make education

decisions under
Sections
[
Section
] 151.001(a)(10)
and (11)
,

transfer to the minor whose disabilities are removed for general

purposes.

SECTION 3. Section 151.001(a), Family Code, is amended to

read as follows:

(a) A parent of a child has the following rights and duties:

(1) the right to have physical possession, to direct

the moral and religious training, and to designate the residence of

the child;

(2) the duty of care, control, protection, and

reasonable discipline of the child;

(3) the duty to support the child, including providing

the child with clothing, food, shelter, medical and dental care,

and education;

(4) the duty, except when a guardian of the child's

estate has been appointed, to manage the estate of the child,

including the right as an agent of the child to act in relation to

the child's estate if the child's action is required by a state, the

United States, or a foreign government;

(5) except as provided by Section 264.0111, the right

to the services and earnings of the child;

(6) the right to consent to the child's marriage,

enlistment in the armed forces of the United States, medical and

dental care, and psychiatric, psychological, and surgical

treatment;

(7) the right to represent the child in legal action

and to make other decisions of substantial legal significance

concerning the child;

(8) the right to receive and give receipt for payments

for the support of the child and to hold or disburse funds for the

benefit of the child;

(9) the right to inherit from and through the child;

(10) the right to make decisions concerning the

child's education; [
and
]

(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; and

(12)
any other right or duty existing between a parent

and child by virtue of law.

SECTION 4. Section 153.132, Family Code, is amended to read

as follows:

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

the child;

(2) the right to consent to medical, dental, and

surgical treatment involving invasive procedures;

(3) the right to consent to psychiatric and

psychological treatment;

(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

concerning the child;

(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

education;

(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

child;

(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

(11)
[
(10)
] the right to:

(A) apply for a passport for the child;

(B) renew the child's passport; and

(C) maintain possession of the child's passport.

SECTION 5. Section 153.371, Family Code, is amended to read

as follows:

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

rights and duties:

(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

benefit of the child;

(6) the right to the services and earnings of the

child;

(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

concerning the child;

(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

parent could make; and

(13)
[
(12)
] the right to:

(A) apply for a passport for the child;

(B) renew the child's passport; and

(C) maintain possession of the child's passport.

SECTION 6. 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 7. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 2495 was passed by the House on April

25, 2025, by the following vote: Yeas 126, Nays 0, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 2495 on May 28, 2025, by the following vote: Yeas 137, Nays 1,

1 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2495 was passed by the Senate, with

amendments, on May 22, 2025, by the following vote: Yeas 31, Nays

0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor