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Bill

Bill

HJR 28

Proposing a constitutional amendment establishing the rights of parents to direct the upbringing of their children.

89th Legislature (2025) Introduced by Cody Vasut

Texas constitutional amendment would establish explicit parental rights to direct children's upbringing, requiring voter approval and potentially limiting state regulatory authority over education, healthcare, and child welfare decisions.

Referred to State Affairs
#family--parent&child(i0355) #parentalrights(s0095) #resolutions--constitutionalamendments(i0661)
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Bill Summary · HJR 28

Legislative bill overview

HJR 28 proposes a constitutional amendment to the Texas Constitution that would explicitly establish parental rights to direct the upbringing of children. As a joint resolution, this would require voter approval through a statewide referendum if it passes the legislature. The amendment would constitutionally protect parental decision-making authority in matters concerning children's care, education, and welfare.

Why is this important

Constitutional amendments are among the most significant legislative actions, as they alter the fundamental governing document and are difficult to reverse. This proposal would elevate parental rights to constitutional status, potentially affecting state authority in areas like public education, child welfare interventions, medical decisions, and parental custody disputes. The outcome could reshape the balance between parental authority and state regulatory power in Texas.

Potential points of contention

  • Scope and definition: The amendment's language regarding what "directing upbringing" includes remains undefined in the bill summary—unclear whether it covers education choices, medical decisions, religious upbringing, and to what extent it limits state oversight in abuse or neglect cases
  • State authority limits: Conflict with existing state powers to regulate education standards, enforce compulsory attendance, intervene in child welfare cases, and protect children in situations of abuse or neglect
  • Age and capacity considerations: Ambiguity about how parental rights interact with children's developing autonomy, consent in medical decisions, and adolescent rights to independent choices

Compiled from official sources — confirm details with the bill’s official record.

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