| 1 | 1 | | 88R13340 MLH-D |
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| 2 | 2 | | By: Dutton H.B. No. 5103 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the rights and duties of each parent that must be |
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| 8 | 8 | | specified in certain agreed parenting plans and orders for the |
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| 9 | 9 | | joint managing conservatorship of a child. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 153.133(a), Family Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) If a written agreed parenting plan is filed with the |
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| 14 | 14 | | court, the court shall render an order appointing the parents as |
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| 15 | 15 | | joint managing conservators only if the parenting plan: |
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| 16 | 16 | | (1) designates the conservator who has the exclusive |
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| 17 | 17 | | right to designate the primary residence of the child and: |
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| 18 | 18 | | (A) establishes, until modified by further |
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| 19 | 19 | | order, the geographic area within which the conservator shall |
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| 20 | 20 | | maintain the child's primary residence; or |
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| 21 | 21 | | (B) specifies that the conservator may designate |
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| 22 | 22 | | the child's primary residence without regard to geographic |
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| 23 | 23 | | location; |
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| 24 | 24 | | (2) specifies the rights and duties of each parent |
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| 25 | 25 | | regarding the child's physical care, support, and education, |
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| 26 | 26 | | including educational decisions; |
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| 27 | 27 | | (3) includes provisions to minimize disruption of the |
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| 28 | 28 | | child's education, daily routine, and association with friends; |
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| 29 | 29 | | (4) allocates between the parents, independently, |
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| 30 | 30 | | jointly, or exclusively, all of the remaining rights and duties of a |
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| 31 | 31 | | parent provided by Chapter 151; |
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| 32 | 32 | | (5) is voluntarily and knowingly made by each parent |
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| 33 | 33 | | and has not been repudiated by either parent at the time the order |
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| 34 | 34 | | is rendered; and |
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| 35 | 35 | | (6) is in the best interest of the child. |
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| 36 | 36 | | SECTION 2. Section 153.134(b), Family Code, is amended to |
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| 37 | 37 | | read as follows: |
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| 38 | 38 | | (b) In rendering an order appointing joint managing |
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| 39 | 39 | | conservators, the court shall: |
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| 40 | 40 | | (1) designate the conservator who has the exclusive |
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| 41 | 41 | | right to determine the primary residence of the child and: |
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| 42 | 42 | | (A) establish, until modified by further order, a |
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| 43 | 43 | | geographic area within which the conservator shall maintain the |
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| 44 | 44 | | child's primary residence; or |
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| 45 | 45 | | (B) specify that the conservator may determine |
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| 46 | 46 | | the child's primary residence without regard to geographic |
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| 47 | 47 | | location; |
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| 48 | 48 | | (2) specify the rights and duties of each parent |
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| 49 | 49 | | regarding the child's physical care, support, and education, |
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| 50 | 50 | | including educational decisions; |
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| 51 | 51 | | (3) include provisions to minimize disruption of the |
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| 52 | 52 | | child's education, daily routine, and association with friends; |
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| 53 | 53 | | (4) allocate between the parents, independently, |
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| 54 | 54 | | jointly, or exclusively, all of the remaining rights and duties of a |
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| 55 | 55 | | parent as provided by Chapter 151; and |
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| 56 | 56 | | (5) if feasible, recommend that the parties use an |
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| 57 | 57 | | alternative dispute resolution method before requesting |
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| 58 | 58 | | enforcement or modification of the terms and conditions of the |
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| 59 | 59 | | joint conservatorship through litigation, except in an emergency. |
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| 60 | 60 | | SECTION 3. (a) Section 153.133(a), Family Code, as amended |
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| 61 | 61 | | by this Act, applies only to a written agreed parenting plan filed |
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| 62 | 62 | | with the court on or after the effective date of this Act. |
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| 63 | 63 | | (b) Section 153.134(b), Family Code, as amended by this Act, |
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| 64 | 64 | | applies only to an order appointing joint managing conservators |
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| 65 | 65 | | rendered on or after the effective date of this Act. |
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| 66 | 66 | | SECTION 4. This Act takes effect September 1, 2023. |
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