BILL ANALYSIS

H.B. 5103

By: Dutton

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, courts grant one parent exclusive rights to determine where a child lives and attends school and to make decisions that impact the child's physical care and support. Parents who are divorced and are joint managing conservators may have differing views on certain educational decisions. H.B. 5103 seeks to specify that educational decisions are included among the rights and duties of each parent that must be specified in a parenting plan.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 5103 amends the Family Code to specify that educational decisions are included among the rights and duties of each parent that must be specified in a parenting plan for a court to appoint the parents as joint managing conservators. The bill requires a court, in rendering an order appointing joint managing conservators, to specify educational decisions among the rights and duties of each parent. The bill applies only to a written agreed parenting plan filed with the court or an order rendered on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.