By:  Goodman                                           H.B. No. 794
       73R4158 JBN-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the grounds for a modification of an order appointing a
    1-3  managing conservator of a child in certain circumstances.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14.08(d), Family Code, is amended to read
    1-6  as follows:
    1-7        (d)  If the motion is filed for the purpose of changing the
    1-8  designation of the sole managing conservator and is filed within
    1-9  one year after the date of the rendition of the order or decree to
   1-10  be modified, there shall be attached to the motion an affidavit
   1-11  executed by the person making the motion.  The affidavit must
   1-12  contain, along with supporting facts, at least one of the following
   1-13  allegations that <along with the supportive facts>:
   1-14              (1)  <that> the child's present environment may
   1-15  endanger his physical health or significantly impair his emotional
   1-16  development; <or>
   1-17              (2)  <that> the sole managing conservator is the person
   1-18  seeking the modification or consents to the modification, and the
   1-19  modification is in the best interest of the child; or
   1-20              (3)  the child's sole managing conservator has
   1-21  voluntarily relinquished the actual care, control, and possession
   1-22  of the child for more than six months and the modification is in
   1-23  the best interest of the child.
   1-24        SECTION 2.  The change in the law made by this Act applies
    2-1  only to a proceeding under Section 14.08, Family Code, in which a
    2-2  hearing has not been held before the effective date of this Act.
    2-3        SECTION 3.  This Act takes effect September 1, 1993.
    2-4        SECTION 4.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.