Texas 89th Legislature, Regular Session Status: Introduced

HB 5595 — Relating to the determination of the best interest of the child and possession of or access to a child by a nonparent in certain suits affecting the parent-child relationship.

Last action — Referred to s/c on Family & Fiduciary Relationships by Speaker: Apr 7 2025 5:28PM

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Relating to the determination of the best interest of the child and possession of or access to a child by a nonparent in certain suits affecting the parent-child relationship.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 5595 on the official Texas source →

How this bill changes current law

2 changes Share ↗

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Texas statutes: Section 153.002, Family Code, Section 156.101, Family Code.

  • Section 153.002, Family Code

    (a) (b) In a suit between a parent and a nonparent, it is a rebuttable presumption that: (1) a parent acts in the best interest of the parent's child; and (2) it is in the best interest of a child to be in the care, custody, and control of a parent. (c) In a suit between a parent and a nonparent, the nonparent may overcome the presumption under Subsection (b) by proving by clear and convincing evidence that denial of the relief requested by the nonparent would significantly impair the child's physical health or emotional development.

    amended

  • Section 156.101, Family Code

    (c) Subject to Subsections (d) and (e), in determining the best interest of a child under this section with respect to a request to modify an order to grant possession of or access to the child to a nonparent, the presumption under Section 153.002(b) applies. (d) Except as provided by Subsection (f), in a suit for modification between a parent and a nonparent, the presumption under Section 153.002(b) is rebutted with respect to the parent who is a party to the suit if the order subject to modification: (1) expressly states that the presumption was rebutted with respect to the parent; (2) appoints a nonparent as conservator of the child; (3) subject to Subsection (e), grants a nonparent possession of or access to the child; or (4) is the result of the parent's voluntary relinquishment of the actual care, control, or possession of the child to a nonparent as described by Section 153.373. (e) The presumption under Section 153.002(b) may be rebutted as provided by Subsection (d)(3) only in a suit for modification in which a nonparent seeks possession of or access to the child. The presumption may not be rebutted as provided by that subdivision in a suit for modification in which a nonparent seeks conservatorship of the child. (f) Subsection (d) does not apply: (1) to a temporary order rendered under Section 156.006; or (2) if the order subject to modification expressly states that the parties agree the presumption under Section 153.002(b) is not rebutted.

    amended

Action History

  1. Referred to s/c on Family & Fiduciary Relationships by Speaker

  2. Read first time

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 183 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (183)

183 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5595 do?
Relating to the determination of the best interest of the child and possession of or access to a child by a nonparent in certain suits affecting the parent-child relationship.
Who sponsors HB 5595?
HB 5595 is sponsored by David Cook.
What is the current status of HB 5595?
This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5595?
Track HB 5595 free on One Click Politics — get push/email alerts when it moves.

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