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.
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.