89th Legislature Regular Session

HB 1106

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1106  seeks to amend the definitions of child abuse and neglect under Section 261.001 of the Texas Family Code. The bill aims to clarify that certain actions or inactions related to a child’s gender identity or sexual orientation do not constitute child abuse or neglect.

The bill specifically states that "abuse" does not include the refusal by a person responsible for a child’s care to affirm the child’s self-perceived gender identity, such as not using the child’s preferred name or pronouns, regardless of whether the name has been legally changed. Similarly, the bill clarifies that "abuse" does not include a caregiver’s refusal to affirm a child’s expressed sexual orientation.

Additionally, the bill revises the definition of "neglect" to exclude situations where a caregiver does not affirm a child’s gender identity or sexual orientation. It specifies that a caregiver’s refusal to use a child’s preferred name, pronouns, or to recognize the child’s expressed sexual orientation cannot be considered neglect under Texas law.

By explicitly excluding these actions from the legal definitions of abuse and neglect, the bill aims to protect caregivers from legal repercussions solely for not affirming a child’s gender perception or sexual orientation. The proposed changes are intended to address concerns from caregivers who fear legal consequences for making personal decisions related to gender identity or sexual orientation.

The original version of HB 1106 and the Committee Substitute both aim to amend the Texas Family Code to clarify that certain actions related to a child's gender identity or sexual orientation do not constitute child abuse or neglect. However, the structure, language, and scope of these versions differ, reflecting changes made to enhance clarity and address broader concerns.

The original bill introduces a new section, Section 261.0011, titled "Exclusions" within Subchapter A, Chapter 261, of the Family Code. This new section explicitly states that the terms "abuse" and "neglect" do not include the refusal of a parent, legal guardian, or caregiver to affirm a child's expressed sexual orientation or gender identity, or to address the child according to their preferred name or pronouns. The original bill presents these exclusions as a standalone addition to the code.

In contrast, the Committee Substitute does not create a separate section but instead integrates these exclusions directly into the existing definitions of "abuse" and "neglect" under Section 261.001 of the Family Code. This approach makes the amendments more seamlessly integrated within the established legal framework, rather than creating a distinct exclusion section.

The original bill's language is more concise and straightforward, directly stating that refusing to affirm a child's gender identity or sexual orientation, or declining to use preferred names or pronouns, does not constitute abuse or neglect. The Committee Substitute, however, expands on this by specifying that these exclusions apply to anyone responsible for a child’s care, custody, or welfare, not just parents or legal guardians. Additionally, the substitute version includes more detailed language to ensure that the refusal to use preferred names or pronouns is not considered abuse, even if the child's name has been legally changed.

The Committee Substitute appears to be a response to feedback from stakeholders seeking more specificity and comprehensive language. While both versions aim to protect caregivers from allegations of abuse or neglect based solely on their refusal to affirm a child’s identity or orientation, the substitute more thoroughly addresses potential legal ambiguities and incorporates the changes within existing statutory language.

In summary, the primary difference lies in how the bill is structured and worded. The original bill isolates the exclusions in a new section, while the Committee Substitute integrates them into existing definitions for greater clarity and legal coherence. Additionally, the substitute’s more detailed language broadens the scope of protected individuals and offers clearer guidance for interpretation.
Author
Matthew Shaheen
Shelley Luther
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1106 is not expected to have a significant fiscal impact on the state budget. The bill amends the definitions of child abuse and neglect in the Texas Family Code to explicitly exclude situations where a parent or caregiver does not affirm a child's expressed sexual orientation, gender identity, or preferred pronouns.

The Department of Family and Protective Services (DFPS) may incur minimal costs related to implementing the revised definitions. However, the LBB notes that any associated expenses can be absorbed within the agency's existing budget appropriations. This suggests that the bill's changes do not necessitate additional state funding or significant adjustments to current agency operations.

Regarding local government, the LBB anticipates no fiscal impact on municipalities or county governments. This is likely because the bill does not create new enforcement requirements or responsibilities for local agencies. Instead, it clarifies existing definitions within the context of state child protective services.

In summary, the bill’s fiscal impact is minimal at both the state and local levels, as it primarily serves to clarify legal definitions without requiring new programs, personnel, or significant resource allocations.

Vote Recommendation Notes

HB 1106 seeks to clarify the definitions of child abuse and neglect within the Texas Family Code, specifying that a parent's or caregiver's refusal to affirm a child's gender identity, preferred name, pronouns, or expressed sexual orientation does not constitute abuse or neglect. The bill aims to protect parents and guardians from legal repercussions solely based on their personal or cultural beliefs regarding gender and sexuality.

The bill aligns with the principle of Individual Liberty by safeguarding the rights of parents and guardians to make decisions concerning how they address their child's gender identity and sexual orientation. It ensures that families are not subject to government intervention purely on the basis of personal beliefs or refusal to use specific language.

The principle of Personal Responsibility is also upheld, as the bill reinforces that parents and guardians retain the authority to make decisions that they believe are in their child’s best interest without facing accusations of abuse or neglect. This promotes responsible parenting without unnecessary state interference.

HB 1106 supports the principle of Limited Government by preventing state agencies from classifying non-affirmation of a child’s gender identity or sexual orientation as abuse or neglect. This measure curtails government overreach into private family matters, thereby protecting parental rights and autonomy.

According to the LBB, the bill does not impose any significant fiscal impact on the state or local governments. The Department of Family and Protective Services (DFPS) anticipates that any administrative changes related to updated definitions can be managed within existing resources, which demonstrates fiscal responsibility and efficiency.

Opponents may argue that the bill could negatively affect the well-being of LGBTQ+ youth by potentially enabling unsupportive environments. However, the bill does not prevent any supportive actions; it merely ensures that a lack of affirmation is not legally classified as abuse. This distinction balances protecting parental rights while not prohibiting supportive practices.

A "Yes" vote is recommended for HB 1106. The bill upholds fundamental parental rights, limits government overreach, and provides clear legal guidance on the definitions of abuse and neglect. It strikes a balance between maintaining individual liberty and ensuring that parental discretion is not criminalized. The bill’s focus on protecting family autonomy while maintaining existing child protection frameworks makes it a prudent legislative measure. Texas Policy Research recommends that lawmakers vote YES on HB 1106.

  • Individual Liberty: HB 1106 strongly supports Individual Liberty by protecting the rights of parents and guardians to make decisions regarding how they address their child's gender identity, sexual orientation, preferred names, and pronouns. By explicitly stating that non-affirmation of a child’s gender identity or sexual orientation does not constitute abuse or neglect, the bill ensures that parents are not legally compelled to act against their personal, cultural, or religious beliefs. This legislation safeguards families from state intervention solely based on personal or ideological differences, preserving freedom of thought and expression within the family unit.
  • Personal Responsibility: The bill upholds Personal Responsibility by affirming that parents and guardians remain the primary decision-makers regarding the upbringing and care of their children. It acknowledges that parents should have the discretion to act according to their values without fearing accusations of abuse solely for not affirming a child's gender identity or sexual orientation. This respect for parental judgment reinforces the notion that families are best positioned to make individualized choices regarding their children’s well-being.
  • Free Enterprise: HB 1106 does not directly impact Free Enterprise. The bill addresses family and social issues rather than business or economic regulations. However, by preventing potential legal disputes or state intervention in private family matters, it indirectly reduces the risk of increased legal challenges and administrative burdens on social services, which could indirectly benefit the public sector by maintaining focus on more severe cases of abuse or neglect.
  • Private Property Rights: The bill does not directly impact Private Property Rights. Its scope is limited to family relationships and the definitions of abuse and neglect, without introducing any measures that affect property ownership, use, or control.
  • Limited Government: HB 1106 significantly advances the principle of Limited Government by restricting the state’s ability to intervene in private family matters based on non-affirmation of a child's gender identity or sexual orientation. The bill sets a clear boundary on the government’s role in family dynamics, ensuring that child protective services cannot classify personal or cultural parenting choices as abusive or neglectful. This reduction in government overreach aligns with the broader goal of preserving parental rights and autonomy.
References


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