88R13340 MLH-D
By: Dutton H.B. No. 5103
A BILL TO BE ENTITLED
AN ACT
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.