Bill Text: TX HB5103 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the rights and duties of each parent that must be specified in certain agreed parenting plans and orders for the joint managing conservatorship of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Jurisprudence [HB5103 Detail]
Download: Texas-2023-HB5103-Engrossed.html
| 88R13340 MLH-D | ||
| By: Dutton | H.B. No. 5103 | |
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| relating to the rights and duties of each parent that must be | ||
| specified in certain agreed parenting plans and orders for the | ||
| joint managing conservatorship of a child. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 153.133(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) If a written agreed parenting plan is filed with the | ||
| court, the court shall render an order appointing the parents as | ||
| joint managing conservators only if the parenting plan: | ||
| (1) designates the conservator who has the exclusive | ||
| right to designate the primary residence of the child and: | ||
| (A) establishes, until modified by further | ||
| order, the geographic area within which the conservator shall | ||
| maintain the child's primary residence; or | ||
| (B) specifies that the conservator may designate | ||
| the child's primary residence without regard to geographic | ||
| location; | ||
| (2) specifies the rights and duties of each parent | ||
| regarding the child's physical care, support, and education, | ||
| including educational decisions; | ||
| (3) includes provisions to minimize disruption of the | ||
| child's education, daily routine, and association with friends; | ||
| (4) allocates between the parents, independently, | ||
| jointly, or exclusively, all of the remaining rights and duties of a | ||
| parent provided by Chapter 151; | ||
| (5) is voluntarily and knowingly made by each parent | ||
| and has not been repudiated by either parent at the time the order | ||
| is rendered; and | ||
| (6) is in the best interest of the child. | ||
| SECTION 2. Section 153.134(b), Family Code, is amended to | ||
| read as follows: | ||
| (b) In rendering an order appointing joint managing | ||
| conservators, the court shall: | ||
| (1) designate the conservator who has the exclusive | ||
| right to determine the primary residence of the child and: | ||
| (A) establish, until modified by further order, a | ||
| geographic area within which the conservator shall maintain the | ||
| child's primary residence; or | ||
| (B) specify that the conservator may determine | ||
| the child's primary residence without regard to geographic | ||
| location; | ||
| (2) specify the rights and duties of each parent | ||
| regarding the child's physical care, support, and education, | ||
| including educational decisions; | ||
| (3) include provisions to minimize disruption of the | ||
| child's education, daily routine, and association with friends; | ||
| (4) allocate between the parents, independently, | ||
| jointly, or exclusively, all of the remaining rights and duties of a | ||
| parent as provided by Chapter 151; and | ||
| (5) if feasible, recommend that the parties use an | ||
| alternative dispute resolution method before requesting | ||
| enforcement or modification of the terms and conditions of the | ||
| joint conservatorship through litigation, except in an emergency. | ||
| SECTION 3. (a) Section 153.133(a), Family Code, as amended | ||
| by this Act, applies only to a written agreed parenting plan filed | ||
| with the court on or after the effective date of this Act. | ||
| (b) Section 153.134(b), Family Code, as amended by this Act, | ||
| applies only to an order appointing joint managing conservators | ||
| rendered on or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
