BILL ANALYSIS
By: Dutton
Juvenile Justice & Family Issues
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, when a parent disciplines a minor child with the use of corporal punishment, or "spanking," the parent may be confronted with confusion as to any possible criminal charges that may arise from the use of such punishment.
House Bill 383 provides that a parent or a person 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.
ANALYSIS
SECTION 1. Amends Section 151.001, of the Family Code by adding Subsection (e) to authorize a parent of a child or other person who has the duty of control and reasonable discipline of the child to 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, 2005.
EFFECTIVE DATE
September 1, 2005.