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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights and duties of each parent that must be |
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specified in certain agreed parenting plans and orders for the |
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joint managing conservatorship of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.133(a), Family Code, is amended to |
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read as follows: |
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(a) If a written agreed parenting plan is filed with the |
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court, the court shall render an order appointing the parents as |
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joint managing conservators only if the parenting plan: |
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(1) designates the conservator who has the exclusive |
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right to designate the primary residence of the child and: |
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(A) establishes, until modified by further |
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order, the geographic area within which the conservator shall |
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maintain the child's primary residence; or |
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(B) specifies that the conservator may designate |
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the child's primary residence without regard to geographic |
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location; |
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(2) specifies the rights and duties of each parent |
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regarding the child's physical care, support, and education, |
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including educational decisions; |
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(3) includes provisions to minimize disruption of the |
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child's education, daily routine, and association with friends; |
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(4) allocates between the parents, independently, |
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jointly, or exclusively, all of the remaining rights and duties of a |
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parent provided by Chapter 151; |
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(5) is voluntarily and knowingly made by each parent |
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and has not been repudiated by either parent at the time the order |
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is rendered; and |
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(6) is in the best interest of the child. |
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SECTION 2. Section 153.134(b), Family Code, is amended to |
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read as follows: |
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(b) In rendering an order appointing joint managing |
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conservators, the court shall: |
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(1) designate the conservator who has the exclusive |
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right to determine the primary residence of the child and: |
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(A) establish, until modified by further order, a |
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geographic area within which the conservator shall maintain the |
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child's primary residence; or |
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(B) specify that the conservator may determine |
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the child's primary residence without regard to geographic |
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location; |
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(2) specify the rights and duties of each parent |
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regarding the child's physical care, support, and education, |
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including educational decisions; |
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(3) include provisions to minimize disruption of the |
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child's education, daily routine, and association with friends; |
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(4) allocate between the parents, independently, |
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jointly, or exclusively, all of the remaining rights and duties of a |
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parent as provided by Chapter 151; and |
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(5) if feasible, recommend that the parties use an |
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alternative dispute resolution method before requesting |
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enforcement or modification of the terms and conditions of the |
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joint conservatorship through litigation, except in an emergency. |
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SECTION 3. (a) Section 153.133(a), Family Code, as amended |
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by this Act, applies only to a written agreed parenting plan filed |
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with the court on or after the effective date of this Act. |
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(b) Section 153.134(b), Family Code, as amended by this Act, |
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applies only to an order appointing joint managing conservators |
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rendered on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |