BILL ANALYSIS

 

 

                                                                                                                                             H.B. 383

                                                                                                                                          By: Dutton

                                                                                                         Juvenile Justice & Family Issues

                                                                                                       Committee Report (Unamended)

 

 

 

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.