HB 5628

bill making the child’s best interest the primary consideration

Died in committee

Verdict: No flags

No flagsInitial review

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the best interest of the child in a suit affecting the parent-child relationship.

Caption from analyzed text · version I.

Summary

Applies in custody cases, including ones the state brings.

The bill adds a line to the Family Code saying the child's best interest is the court's primary consideration in custody and visitation decisions, including in child-protection cases brought by the state. It touches parents, children and state agencies in cases filed by a governmental entity under the child-protection subtitle. On the ground it mostly restates existing law, and the bill itself says it only clarifies that law, starting September 1, 2025.

Labels

Labels: PENDING FOREVER. Heard by the House Judiciary & Civil Jurisprudence subcommittee on Family & Fiduciary Relationships on May 5, 2025 and left pending. Never voted out. The bill died.

Receipt

The receipt

89R-HB5628 · 2025-03-14

SOLD BY

Rep. Josey GarciaDHouse 124

ITEM

relating to the best interest of the child in a suit affecting the parent-child relationship.

WHAT IT DOES

Applies in custody cases, including ones the state brings.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · May 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Mar 14, 2025Filed
Apr 7, 2025Read first time
Apr 7, 2025Referred to s/c on Family & Fiduciary Relationships by Speaker
May 5, 2025Scheduled for public hearing in s/c on . . .
May 5, 2025Considered by s/c in public hearing
May 5, 2025Testimony taken/registration(s) recorded in subcommittee
May 5, 2025Left pending in subcommittee

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Josey Garcia

Donors

Texas Trial Lawyers Association PAC$12K Texans for Lawsuit Reform PAC$10K House Democratic Campaign Committee$7K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 22, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$11,500.00

Texas Trial Lawyers Association PAC

$11,500.00

Cash: $11,500.00
Paid by others: $0.00
Total: $11,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 5, 2024 to Sep 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100978474, 101016612, 101060352, 101067943.

Texans for Lawsuit Reform PAC$10,000.00

Texans for Lawsuit Reform PAC

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Dec 14, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100978474.

House Democratic Campaign Committee$7,000.00

House Democratic Campaign Committee

$7,000.00

Cash: $7,000.00
Paid by others: $0.00
Total: $7,000.00

Also funds 9 other sitting lawmakers.

Derived recipient stock · Feb 3, 2026 to Sep 21, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Apr 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101060352.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texas Trial Lawyers Association PAC

$11,500.00

Cash: $11,500.00
Paid by others: $0.00
Total: $11,500.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 5, 2024 to Sep 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100978474, 101016612, 101060352, 101067943.

Texans for Lawsuit Reform PAC

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Dec 14, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100978474.

House Democratic Campaign Committee

$7,000.00

Cash: $7,000.00
Paid by others: $0.00
Total: $7,000.00

Also funds 9 other sitting lawmakers.

Derived recipient stock · Feb 3, 2026 to Sep 21, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Apr 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101060352.

Votes

No floor vote loaded for this bill.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · May 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 14, 2025

05/05/2025 H Left pending in subcommittee

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Judiciary & Civil Jurisprudence · Final status: Died in committee

Companion

SB 2855 by Menéndez (identical)

Subjects

Family--Child Protection

Family--Parent & Child

Text

The text as introduced · 166 words

89R15919 AMF-F

By: Garcia of Bexar
H.B. No. 5628

A BILL TO BE ENTITLED

AN ACT

relating to the best interest of the child in a suit affecting the

parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 153.002, Family Code, is amended to read

as follows:

Sec. 153.002. BEST INTEREST OF CHILD. The best interest of

the child shall always be the primary consideration of the court in

determining the issues of conservatorship and possession of and

access to the child , including in a suit affecting the parent-child

relationship filed by a governmental entity under Subtitle E .

SECTION 2. Section 153.002, Family Code, as amended by this

Act, is intended only to clarify existing law with respect to the

court's consideration of the best interest of the child in a suit

affecting the parent-child relationship filed by a governmental

entity under Subtitle E, Title 5, Family Code.

SECTION 3. This Act takes effect September 1, 2025.