C.S.H.B. 374 78(R)    BILL ANALYSIS


C.S.H.B. 374
By: Dutton
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law provides that a parent of a child has the right and a
duty to care, control, protect, and  reasonably discipline a child.
However, often times, when parents discipline their minor children, with
the use of corporal punishment, or "spanking", they are confronted with
confusion as to any possible criminal charges that may arise from the use
of such punishment. C.S.H.B. 374 would eliminate this confusion, and
provide that a parent and those having a duty to control and reasonably
discipline a child may use corporal punishment for the reasonable
discipline of the child. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Amends Art. 151.001, Family Code by adding Subsection (e) to
provide that a parent and those having a duty to control and reasonably
discipline a child  may use corporal punishment for the reasonable
discipline of the child. 

Section 2. This Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not receive
the vote necessary for immediate effect, this Act takes effect September
1, 2003. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect  
September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 374 modifies the original H.B. 374 by providing that a parent and
those having a duty to control and reasonably discipline a child may use
corporal punishment for the reasonable discipline of the child.