89th Legislature

SJR 34

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SJR 34 proposes a constitutional amendment to the Texas Constitution, establishing that parents have an inherent right to the care, custody, and control of their children, including making decisions regarding their upbringing. It restricts interference by the state or political subdivisions in these parental rights unless such interference is essential to further a compelling governmental interest and is narrowly tailored to achieve that purpose. The proposed amendment will be submitted to voters for approval in an election scheduled for November 4, 2025.
Author
Bryan Hughes
Co-Author
Brandon Creighton
Brent Hagenbuch
Bob Hall
Lois Kolkhorst
Angela Paxton
Sponsor
James Frank
Jeff Leach
Giovanni Capriglione
James Talarico
Lacey Hull
Co-Sponsor
Helen Kerwin
Terri Leo-Wilson
Jared Patterson
Joanne Shofner
Fiscal Notes

The fiscal implications of SJR 34 are minimal, with no significant financial impact anticipated for the state or local governments. The only identified cost is the publication of the constitutional amendment, which is estimated at $191,689. This expense is standard for proposed constitutional amendments and is expected to be covered using existing state resources without requiring additional appropriations.

Furthermore, the resolution does not impose any new financial obligations or administrative burdens on local governments, ensuring that its implementation does not lead to increased expenditures at the municipal or county level. Overall, apart from the minor cost associated with publication, SJR 34 is fiscally neutral and does not present any long-term financial concerns for the state or local entities.

Vote Recommendation Notes

SJR 34 proposes a constitutional amendment affirming the inherent right of parents to care for, have custody of, and make decisions regarding the upbringing of their children. The resolution prohibits state or local government interference with these rights unless such action is essential to furthering a compelling governmental interest and is narrowly tailored to achieve that interest. If approved, the measure will be placed on the November 4, 2025, ballot for voter consideration.

A YES vote is recommended based on the resolution’s strong alignment with the principles of individual liberty, personal responsibility, and limited government. By codifying parental rights in the Texas Constitution, the amendment reinforces the fundamental role of parents in raising their children without unnecessary government intervention. It upholds personal responsibility by ensuring that parents retain decision-making authority rather than deferring to state oversight. Additionally, it supports limited government by restricting state interference to cases where there is a compelling interest, such as protecting a child from harm. The measure does not have any direct impact on free enterprise or private property rights.

The resolution also aligns with key policy positions of the Republican and Libertarian parties, both of which advocate for strong parental rights and minimal government involvement in family matters. While the Texas Democratic Party generally supports individual rights and privacy, its stance on parental rights in education and healthcare may lead to differing interpretations of this amendment's implications. Despite potential political variations, the measure's broad protection of parental decision-making authority makes it a strong candidate for approval. Given its consistency with core liberty principles and its limited fiscal impact, a YES vote is recommended.

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