HB 4336

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest
HB 4336 amends Section 262.302(a) of the Texas Family Code to clarify Texas's Safe Haven law by expressly authorizing a hospital employee to take emergency possession of a newborn immediately after birth when the child's parent voluntarily surrenders the infant at the hospital. Under current law, designated emergency infant care providers may take possession of a child who appears to be 60 days old or younger if the child is voluntarily left with an employee of the provider or placed in a newborn safety device and the parent does not express an intent to return. This bill makes clear that surrendering a newborn directly to a hospital employee immediately following delivery satisfies the statutory requirements for a lawful Safe Haven surrender.

The legislation does not alter the eligibility criteria for Safe Haven surrenders, the 60-day age limit, or the requirement that the parent voluntarily relinquish the child without expressing an intent to return. It instead clarifies that the surrender process includes circumstances in which a parent chooses to relinquish custody before leaving the hospital after giving birth. By expressly recognizing this scenario in statute, the bill removes ambiguity regarding the authority of hospital personnel to accept custody of a newborn immediately after delivery and ensures that these surrenders receive the same legal treatment as other Safe Haven placements.
Author (5)
David Cook
Ellen Troxclair
Caroline Harris Davila
Lacey Hull
Toni Rose
Co-Author (10)
Elizabeth Campos
Aicha Davis
James Frank
Josey Garcia
Hillary Hickland
Terri Leo-Wilson
A.J. Louderback
J. M. Lozano
Candy Noble
Claudia Ordaz
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4336 is not expected to have a significant fiscal impact on the State of Texas. The fiscal note concludes that any administrative costs associated with implementing the bill could be absorbed using existing agency resources, meaning no additional appropriations or staffing are anticipated.

The bill's provisions are limited to clarifying existing Safe Haven procedures by expressly authorizing hospital employees to accept the voluntary surrender of a newborn immediately after birth. Because the legislation primarily clarifies current law rather than creating a new program, expanding eligibility, or imposing new operational requirements on state agencies, the LBB does not anticipate measurable increases in state expenditures.

The fiscal note also finds no significant fiscal implication for local governments. Counties, municipalities, and other local governmental entities are not expected to incur additional costs as a result of the bill's implementation. Overall, the legislation is expected to have a fiscally neutral impact, with implementation occurring within existing state and local resources.

Vote Recommendation Notes

HB 4336 is a narrow statutory clarification that strengthens the administration of Texas's existing Safe Haven law without materially expanding the role of government. The bill expressly authorizes a hospital employee to take emergency possession of a newborn immediately after birth when a parent voluntarily surrenders the child, resolving ambiguity in current law while leaving the broader Safe Haven framework unchanged. It does not create a new government program, establish a new agency or office, grant additional rulemaking authority, or expand state regulatory powers.

From a limited-government perspective, the bill does not meaningfully increase the size or scope of government. Instead, it clarifies the implementation of an existing statutory process to ensure consistent application by hospitals and child protection authorities. Likewise, the bill does not increase the burden on taxpayers. The Legislative Budget Board determined that there is no significant fiscal implication to either state or local government and that any implementation costs can be absorbed using existing resources.

The bill also does not impose a meaningful new regulatory burden on individuals or businesses. Hospitals that already serve as designated emergency infant care providers are simply provided explicit statutory authority to accept a voluntary surrender immediately following birth, reducing legal uncertainty rather than creating new compliance obligations. The committee analysis further notes that the bill does not create new criminal offenses, increase criminal penalties, or grant additional rulemaking authority to state agencies.

Because HB 4336 provides a targeted clarification to existing law, improves legal certainty for hospitals and parents, avoids government growth, imposes no meaningful taxpayer costs, and does not increase regulatory burdens, the legislation represents a limited and fiscally neutral policy change. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 4336.

  • Individual Liberty: The bill does not create new mandates, restrictions, penalties, or enforcement authority affecting individuals. Instead, it clarifies the existing Safe Haven law by confirming that a parent may voluntarily surrender a newborn to a hospital employee immediately after birth. The legislation neither expands nor restricts individual rights beyond clarifying an existing legal process.
  • Personal Responsibility: The bill reinforces an existing mechanism that allows parents facing difficult circumstances to responsibly and safely relinquish custody of a newborn. By removing uncertainty surrounding immediate post-birth surrenders, the legislation supports responsible decision-making while preserving the voluntary nature of the Safe Haven process.
  • Free Enterprise: The bill does not regulate private markets, alter competition, impose new compliance costs on businesses, or create barriers to entry. Although hospitals receive statutory clarification regarding their authority under the Safe Haven law, this does not constitute a meaningful increase in regulatory obligations for healthcare providers.
  • Private Property Rights: The bill does not affect the ownership, use, or control of private property, nor does it create any new authority related to land use, takings, or property regulation. Its provisions are limited to child welfare procedures.
  • Limited Government: The bill does not establish a new government program, expand agency authority, create additional rulemaking powers, or require new appropriations. While the bill slightly expands statutory clarity within an existing legal framework, it does not meaningfully increase the size or scope of government.
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