Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Family Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 153.002
Best Interest of
Child
Not Related
States a public policy rule that the best
interest of the child is the primary
consideration in conservatorship and
access decisions.
No
§ 153.003
No Discrimination
Based on Sex or
Marital Status
Not Related
States a public policy rule that custody
decisions should be made without
regard to gender (parent or child) or
marital status.
No
§ 153.005
Appointment of Sole
or Joint Managing
Conservator
§ 153.006
Appointment of
Possessory
Conservator
§ 153.007
Agreement
Concerning
Conservatorship
§ 153.008
Child's Preference of
Person to Designate
Residence
Not Related
Not Related
Not Related
Not Related
Allows for appointment of conservator
by court.
Allows for appointment of conservator
by court.
Allows parties to enter into written
agreement concerning conservatorship,
which will be entered as an order by a
court if found to be in the child's best
interests.
Allows a child over 12 years old to
choose a person who will designate the
child's primary residence.
No
No
No
No
§ 153.009
Interview of Child in
Chambers
Not Related
Allows a court to interview a child in
chambers as to the child's wishes for
conservatorship.
No
§ 153.010
Order for Family
Counseling
Not Related
Allows a court to order family
counseling where there is a history of
conflict on conservatorship or access
issues.
No
§ 153.011
Security Bond
Not Related
Allows a court to order a party to
execute a security bond in some
circumstances.
No
97