SB 2052: bill presuming parents act in a child’s best interest

Caption

relating to the determination of the best interest of the child in certain suits affecting the parent-child relationship.

Caption from analyzed text · version I.

Summary

Parent versus nonparent in custody? The parent starts ahead.

The bill writes into the Family Code a presumption that a parent acts in the child's best interest and that a child is best off in a parent's care when a parent is up against a nonparent in a custody case. A grandparent, relative, or other nonparent can beat that presumption only with clear and convincing evidence that denying the request would significantly impair the child's physical health or emotional development. The same presumption carries into later modification suits unless it was already rebutted in the earlier order, and it applies to cases pending on or filed after September 1, 2025.

Labels

Labels: DO-OVER. Reworked text of a bill filed before that died: 88R SB 1164 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.

Receipt

The receipt

89R-SB2052 · 2025-03-07

SOLD BY

Sen. Brian BirdwellRSenate 22

ITEM

relating to the determination of the best interest of the child in certain suits affecting the parent-child relationship.

WHAT IT DOES

Parent versus nonparent in custody? The parent starts ahead.

The bill writes into the Family Code a presumption that a parent acts in the child's best interest and that a child is best off in a parent's care when a parent is up against a nonparent in a custody case. A grandparent, relative, or other nonparent can beat that presumption only with clear and convincing evidence that denying the request would significantly impair the child's physical health or emotional development. The same presumption carries into later modification suits unless it was already rebutted in the earlier order, and it applies to cases pending on or filed after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · April 10, 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 7, 2025Received by the Secretary of the Senate
Mar 7, 2025Filed
Mar 17, 2025Read first time
Mar 17, 2025Referred to Jurisprudence
Mar 26, 2025Scheduled for public hearing on . . .
Mar 26, 2025Considered in public hearing
Mar 26, 2025Testimony taken in committee
Mar 26, 2025Left pending in committee
Apr 9, 2025Considered in public hearing
Apr 9, 2025Vote taken in committee
Apr 14, 2025Reported favorably as substituted
Apr 14, 2025Recommended for local & uncontested calendar
Apr 14, 2025Committee report printed and distributed
Apr 16, 2025Placed on intent calendar
Apr 24, 2025Placed on local & uncontested calendar
Apr 24, 2025Laid before the Senate
Apr 24, 2025Read 2nd time & passed to engrossment
Apr 24, 2025Vote recorded in Journal
Apr 24, 2025Three day rule suspended
Apr 24, 2025Record vote
Apr 24, 2025Read 3rd time
Apr 24, 2025Passed
Apr 24, 2025Record vote
Apr 24, 2025Reported engrossed
Apr 25, 2025Received from the Senate
Apr 28, 2025Read first time
Apr 28, 2025Referred to Judiciary & Civil Jurisprudence
May 12, 2025Considered in public hearing
May 12, 2025Reported favorably w/o amendment(s)
May 13, 2025Comte report filed with Committee Coordinator
May 13, 2025Committee report distributed
May 13, 2025Committee report sent to Calendars
May 14, 2025Laid out in lieu of companion CSHB 4656
May 14, 2025Read 2nd time
May 14, 2025Passed to 3rd reading
May 14, 2025Record vote RV#2513
May 14, 2025Statement(s) of vote recorded in Journal
May 15, 2025Read 3rd time
May 15, 2025Passed
May 15, 2025Record vote RV#2596
May 15, 2025Statement(s) of vote recorded in Journal
May 15, 2025House passage reported
May 15, 2025Reported enrolled
May 16, 2025Signed in the Senate
May 16, 2025Signed in the House
May 16, 2025Sent to the Governor
May 28, 2025Signed by the Governor
May 28, 2025Effective on 9/1/25

FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 139 yea · 2 nay

Senate · 31 yea · 0 nay

Sources

House: Final passage · May 15, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 24, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Brian Birdwell

Donors

Texans for Lawsuit Reform PAC Austin TX$30,000

Good Government Fund Fort Worth TX$10,000

Texas Oil & Gas Assn. Good Govt. Cmte Austin TX$10,000

Derived from itemized gifts, Jul 1, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Not tied to this bill.

Sources

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

$353,800 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$502,039 spent since Jul 1, 2024. Derived sum of published report totals. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$731,044 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

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

Votes5

House May 15, 2025

Yea: 139
Nay: 2
Present, not voting: 2
Absent: 2
Excused: 5

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2596

SB 2052 was passed by (Record 2596): 139 Yeas, 2 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 139 (published)
Nay: 2 (published)
Present, not voting: 2 (published)
Absent: 2 (derived from named list)
Excused: 5 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 14, 2025

Yea: 130
Nay: 4
Present, not voting: 2
Absent: 8
Excused: 6

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2513

SB 2052 was passed to third reading by (Record 2513): 130 Yeas, 4 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 130 (published)
Nay: 4 (published)
Present, not voting: 2 (published)
Absent: 8 (derived from named list)
Excused: 6 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Apr 24, 2025

Final passage

Yea: 31
Nay: 0
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records final passage. Repeated tallies belong to separate votes.

Sources

CSSB 2052 (Birdwell) Relating to suits affecting the parent-child relationship between a parent and a nonparent. (viva voce vote) (31-0) (31-0)

Published stock of positions for this vote, except where marked derived.

Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 24, 2025

Suspension of the three-day rule

Yea: 31
Nay: 0
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records suspension of the three-day rule. Repeated tallies belong to separate votes.

Sources

CSSB 2052 (Birdwell) Relating to suits affecting the parent-child relationship between a parent and a nonparent. (viva voce vote) (31-0) (31-0)

Published stock of positions for this vote, except where marked derived.

Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 24, 2025

Passage to engrossment

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records passage to engrossment. Repeated tallies belong to separate votes.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

CSSB 2052 (Birdwell) Relating to suits affecting the parent-child relationship between a parent and a nonparent. (viva voce vote) (31-0) (31-0)

Published stock of positions for this vote, except where marked derived.

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses5

For: 3
Against: 0
On: 2

Names

For

Self; Family Freedom Project1 registration
Self; TAFDA1 registration
Texas Public Policy Foundation1 registration

On

Self1 registration
Texas Family Law Foundation1 registration

Sources

5 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · April 10, 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.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 1164

by Sen. Birdwell, same lead author · Died in committee · reworked

Introduced text

Last action, Mar 9, 2023: Referred to State Affairs

Relating to the determination of the best interest of a child in certain suits affecting the parent-child relationship.

Caption, 88R bill history

Sources

Texas Senate · Filed Mar 7, 2025

05/28/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

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

Companion

HB 4656 by Vasut (identical)

Subjects

Courts--General

Family--Parent & Child

CHILD CUSTODY

Text

The text as introduced · 297 words

89R16344 AMF-F

By: Birdwell
S.B. No. 2052

A BILL TO BE ENTITLED

AN ACT

relating to the determination of the best interest of the child in

certain suits 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. (a) 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.

(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.

SECTION 2. Section 156.101, Family Code, is amended by

adding Subsection (c) to read as follows:

(c) In a suit for modification between a parent and a

nonparent, the presumption under Section 153.002(b) applies. The

presumption is rebutted if, in the order subject to modification,

the presumption was rebutted with respect to the child who is the

subject of the suit.

SECTION 3. The changes in law made by this Act apply to a

suit affecting the parent-child relationship that is pending in a

trial court on or after the effective date of this Act or filed on or

after that date.

SECTION 4. This Act takes effect September 1, 2025.

Verdict: No flags

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

House May 15, 2025

House May 14, 2025

Senate Apr 24, 2025

Senate Apr 24, 2025

Senate Apr 24, 2025

For

On

88R SB 1164

Companion