Parental Rights in Texas

Texas Parental Rights News

Texas Considers State Parental Rights Amendment

By ParentalRights.org • February 21, 2023
We are excited to let you know that Texas Representative James Frank has introduced House Joint Resolution 58 (HJR 58) proposing a Parental Rights Amendment to the Texas Constitution. If the resolution passes, the amendment will be proposed to the voters and subject to their approval at the November 7, 2023, election. The amendment would… The post Texas Considers State Parental Rights Amendment appeared first on Parental Rights.

Be sure to sign up for alerts!

Texas State Law

Protected


Texas Family Code Sect. 151.003 declares the following:

"A state agency may not adopt rules or policies or take any other action that violates the fundamental rights and duty of parents to direct the upbringing of the parent's child."

Don't Miss a Critical Issue!

Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. Through our volunteer network, we monitor the law in all the states. We then pass on important updates and action items.

Contact Us

Texas Courts

"Strict Scrutiny" Applied to Parental Rights


Texas courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right deserving of the strict scrutiny standard.


In In re Pensom, 126 S.W.3d 251, 254 (Tex. Ct. App. 2003), a Texas Court of Appeals ruled, "Because a fundamental right is implicated here [that is, parental rights], we apply strict scrutiny and will uphold the statute if it is narrowly tailored to serve a compelling government interest," citing Troxel, 530 U.S. at 79 (Souter, J., concurring) and 80 (Thomas, J., concurring).