By:  Goodman                                          H.B. No. 1272
       73R5581 JBN-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the rights and privileges of a conservator of a child
    1-3  and to the terms and conditions of orders providing for the
    1-4  possession of a child, including guidelines.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 14.032(a), (b), and (c), Family Code,
    1-7  are amended to read as follows:
    1-8        (a)  Policy and Application  <Child Three Years of Age or
    1-9  Older>.  The guidelines for the possession of a child by a parent
   1-10  named as a possessory conservator in this chapter are intended to
   1-11  guide the courts in determining the terms and conditions for
   1-12  possession of a child by a parent named as a possessory conservator
   1-13  in any suit affecting the parent-child relationship.  It is the
   1-14  policy of this state to encourage frequent contact between a child
   1-15  and each parent for periods of possession that optimize the
   1-16  development of a close and continuing relationship between each
   1-17  parent and child.  It is preferable for all children in a family to
   1-18  be together during periods of possession.  The standard possession
   1-19  order is  <These guidelines are> designed to apply to a child three
   1-20  years of age or older.
   1-21        (b)  Child Less Than Three Years of Age <Old>.  In rendering
   1-22  an order for possession of a child less than three years of age,
   1-23  the court shall make an order appropriate under the circumstances
   1-24  considering the factors listed in Subsection (c) of this section.
    2-1  The <old, the court may either render a "standard possession
    2-2  order," as defined in Section 14.033 of this code, or an order
    2-3  appropriate under the circumstances considering the age of the
    2-4  child.  If a standard possession order is not rendered, the> court
    2-5  shall also render a prospective order to take effect on the child's
    2-6  third birthday, which presumptively will be the standard possession
    2-7  order.
    2-8        (c)  Factors.  In determining the terms of possession of a
    2-9  child, the court shall be guided by the guidelines and may
   2-10  consider<, in varying from or following the guidelines>:
   2-11              (1)  the age, developmental status, circumstances,
   2-12  needs, and best interest of the child giving special consideration
   2-13  to a child five years of age or younger;
   2-14              (2)  the circumstances of the managing conservator and
   2-15  of the parent named as a possessory conservator; and
   2-16              (3)  any other relevant factor.
   2-17        SECTION 2.  Sections 14.033(b), (c), (d), (e), (f), (g), (h),
   2-18  (i), and (j), Family Code, are amended to read as follows:
   2-19        (b)  Mutual Agreement or Specified Terms for Possession.  The
   2-20  court shall expressly state in a standard order that the parties
   2-21  may have possession of the child at any and all times mutually
   2-22  agreed to in advance by the parties and, in the absence of a
   2-23  <failing> mutual agreement, shall have possession of the child
   2-24  under the specified terms set out in the standard order.
   2-25        (c)  Parents Who Reside 100 Miles or Less Apart.  Except as
   2-26  otherwise explicitly provided, and subject to the elections
   2-27  required to be made by the possessory conservator under Subsection
    3-1  (i) of this section, if the possessory conservator resides 100
    3-2  miles or less from the primary residence of the child, the
    3-3  possessory conservator shall have the right to possession of the
    3-4  child as follows:
    3-5              (1)  <on weekends from 6 p.m.> on the first, third, and
    3-6  fifth Friday of each month until <6 p.m. on> the following Sunday
    3-7  or the day on which school resumes <or, at the possessory
    3-8  conservator's election made before the rendition of the original or
    3-9  modification order, from the time the child's school day ends, if
   3-10  any, until 6 p.m. on the following Sunday>; and
   3-11              (2)  on Wednesdays of each week during the regular
   3-12  school term beginning at the time the child's school is regularly
   3-13  dismissed or at any time between the time the child's school is
   3-14  regularly dismissed and <from> 6 p.m.  and ending at <until> 8
   3-15  p.m.<, or, at the possessory conservator's election made before the
   3-16  rendition of the original or modification order, from the time the
   3-17  child's school day ends, if any, until 8 p.m.>
   3-18        (d)  Weekend Possession Extended by Holiday.  Except as
   3-19  otherwise explicitly provided, and subject to the elections
   3-20  required to be made by the possessory conservator under Subsection
   3-21  (i) of this section, if a weekend period of possession of the
   3-22  possessory conservator coincides with a school holiday during the
   3-23  regular school term or with a federal, state, or local holiday
   3-24  during the summer months in which school is not in session, the
   3-25  weekend possession shall extend through the <until 6 p.m. on a>
   3-26  Monday holiday or school holiday or shall begin on <at 6 p.m.>
   3-27  Thursday for a Friday holiday or school holiday, as applicable.
    4-1        (e)  Vacations and Holidays.  The following provisions govern
    4-2  possession of the child for vacations and for certain specific
    4-3  holidays and supersede any conflicting weekend or Wednesday periods
    4-4  of possession provided by Subsections (c) and (d) of this section.
    4-5  Subject to the elections required to be made by the possessory
    4-6  conservator under Subsection (i) of this section, the  <The>
    4-7  possessory conservator and managing conservator shall have rights
    4-8  of possession of the child as follows:
    4-9              (1)  the possessory conservator shall have possession
   4-10  of the child in even-numbered years <from 6 p.m.> on the last
   4-11  school day before the Christmas school vacation begins and ending
   4-12  at <until> noon on December 26th, and the managing conservator
   4-13  shall have possession for the same period in odd-numbered years;
   4-14              (2)  the possessory conservator shall have possession
   4-15  of the child in odd-numbered years beginning at <from> noon on
   4-16  December 26th and ending <until 6 p.m.> on the day before school
   4-17  resumes after that vacation, and the managing conservator shall
   4-18  have possession for the same period in even-numbered years;
   4-19              (3)  the possessory conservator shall have possession
   4-20  of the child in odd-numbered years from the day school for the
   4-21  child is dismissed <6 p.m. on the Wednesday> before Thanksgiving
   4-22  until <6 p.m. on> the following Sunday or the day on which school
   4-23  resumes after that vacation, and the managing conservator shall
   4-24  have possession for the same period in even-numbered years;
   4-25              (4)  the possessory conservator shall have possession
   4-26  of the child in even-numbered years from <6 p.m. on> the last
   4-27  school day before the school's spring vacation begins until <6 p.m.
    5-1  on> the day before school resumes after that vacation, and the
    5-2  managing conservator shall have possession for the same period in
    5-3  odd-numbered years;
    5-4              (5)  if the possessory conservator:
    5-5                    (A)  gives the managing conservator written
    5-6  notice by May 1 of each year specifying an extended period or
    5-7  periods of summer possession, the possessory conservator shall have
    5-8  possession of the child for 30 days beginning no earlier than the
    5-9  day after the child's school is dismissed for the summer vacation
   5-10  and ending no later than seven days before school resumes at the
   5-11  end of the summer vacation <between June 1 and August 31>, to be
   5-12  exercised in no more than two separate periods of at least seven
   5-13  consecutive days each except that if the child is three years of
   5-14  age or older but younger than five years of age, the possession
   5-15  under this subsection must be exercised in two periods separated by
   5-16  at least seven days; or
   5-17                    (B)  does not give the managing conservator
   5-18  written notice by May 1 of each year specifying an extended period
   5-19  or periods of summer possession, the possessory conservator shall
   5-20  have possession of the child for 30 consecutive days beginning at
   5-21  6 p.m. on the third Sunday in June <July 1> and ending at 6 p.m. 30
   5-22  days later <on July 31>;
   5-23              (6)  while the child is enrolled in a traditional
   5-24  school, if the managing conservator gives the possessory
   5-25  conservator written notice by June 1 <May 15> of each year <or
   5-26  gives the possessory conservator 14 days' written notice on or
   5-27  after May 16 of each year>, the managing conservator shall have
    6-1  possession of the child on any one weekend beginning on <from>
    6-2  Friday at 6 p.m. and ending at <to> 6 p.m.  on the following Sunday
    6-3  during any one period of possession by the possessory conservator
    6-4  under Subdivision (5) of this subsection, provided that the
    6-5  managing conservator picks up the child from the possessory
    6-6  conservator and returns the child to that same place;
    6-7              (7)  the managing conservator shall have an extended
    6-8  period of possession of the child during the summer or intersession
    6-9  breaks if, while the child is enrolled in a traditional school, the
   6-10  managing conservator gives the possessory conservator written
   6-11  notice by May 15 of each year or gives the possessory conservator
   6-12  14 days' written notice on or after May 16 of each year, the
   6-13  managing conservator may designate one weekend beginning no earlier
   6-14  than the day after the child's school is dismissed for the summer
   6-15  vacation and ending no later than seven days before school resumes
   6-16  at the end of the summer vacation <between June 1 and August 31>,
   6-17  during which an otherwise scheduled weekend period of possession by
   6-18  the possessory conservator will not take place, provided that the
   6-19  weekend so designated does not interfere with the possessory
   6-20  conservator's period or periods of extended summer possession or
   6-21  with Father's Day if the possessory conservator is the father of
   6-22  the child;
   6-23              (8)  the parent not otherwise entitled under this
   6-24  standard order to present <in> possession of a child on the child's
   6-25  birthday shall have possession of the child beginning at <from> 6
   6-26  p.m. and ending at <to> 8 p.m. on that day, provided that the
   6-27  parent not entitled to the two hours in possession picks up the
    7-1  child from the <child's> residence of the conservator entitled to
    7-2  possession of the child immediately before the two-hour possession
    7-3  begins and returns the child to that same place;
    7-4              (9)  if a conservator, the father shall have possession
    7-5  of the child beginning at 6 p.m. on the Friday preceding Father's
    7-6  Day and ending on Father's Day at <from 9 a.m. to> 6 p.m., provided
    7-7  that, if he is not otherwise entitled under this standard order to
    7-8  present <in> possession of the child, he picks up the child from
    7-9  the <child's> residence of the conservator entitled to possession
   7-10  of the child immediately before the Father's Day possession begins
   7-11  and returns the child to that same place; and
   7-12              (10)  if a conservator, the mother shall have
   7-13  possession of the child beginning at 6 p.m. on the Friday preceding
   7-14  Mother's Day and ending on Mother's Day at <from 9 a.m. to> 6 p.m.,
   7-15  provided that, if she is not otherwise entitled under this standard
   7-16  order to present <in> possession of the child, she picks up the
   7-17  child from the <child's> residence of the conservator entitled to
   7-18  possession of the child immediately before the Mother's Day
   7-19  possession begins and returns the child to that same place.
   7-20        (f)  Parents Who Reside Over 100 Miles Apart.  Except as
   7-21  otherwise explicitly provided, and subject to the elections
   7-22  required to be made by the possessory conservator under Subsection
   7-23  (i) of this section if the possessory conservator resides more than
   7-24  100 miles from the residence of the child, the possessory
   7-25  conservator shall have the right to possession of the child as
   7-26  follows:
   7-27              (1)  either regular weekend possession beginning on the
    8-1  first, third, and fifth Friday as provided under the terms of
    8-2  Subsection (c)(1) of this section, or not more than one weekend per
    8-3  month of the possessory conservator's choice beginning on a Friday
    8-4  and ending on the following Sunday <at 6 p.m. on the day school
    8-5  recesses for the weekend and ending at 6 p.m. on the day before
    8-6  school resumes after the weekend>, provided that the possessory
    8-7  conservator gives the managing conservator seven days' written or
    8-8  telephonic notice preceding a designated weekend, and provided that
    8-9  the possessory conservator elects an option for this possession
   8-10  either before the rendition of the original or modification order
   8-11  or by written notice given to the managing conservator within 90
   8-12  days after the parties begin to reside more than 100 miles apart,
   8-13  as applicable, and provided that the weekend possessions do not
   8-14  conflict with Subsections (e)(1) through (3) and (e)(8) through
   8-15  (10) of this section;
   8-16              (2)  the terms of Subsections (e)(1) through (3) and
   8-17  (e)(8) through (10) of this section are applicable when the
   8-18  possessory conservator resides more than 100 miles from the
   8-19  residence of the child;
   8-20              (3)  each year beginning  <every spring school vacation
   8-21  from 6 p.m.> on the day school for the child is dismissed for the
   8-22  school's spring vacation and ending <recesses until 6 p.m.> on the
   8-23  day before school resumes after that vacation;
   8-24              (4)  if the possessory conservator:
   8-25                    (A)  gives the managing conservator written
   8-26  notice by May 1 of each year specifying an extended period or
   8-27  periods of summer possession, the possessory conservator shall have
    9-1  possession of the child for 42 days beginning no earlier than the
    9-2  day after the child's school is dismissed for the summer vacation
    9-3  and ending no later than seven days before school resumes at the
    9-4  end of the summer vacation <between June 1 and August 31>, to be
    9-5  exercised in no more than two separate periods of at least seven
    9-6  consecutive days each, except that if the child is three years of
    9-7  age or older but younger than five years of age, the possession
    9-8  under this subsection may not be longer than 30 days and must be
    9-9  exercised in two periods separated by at least seven days; or
   9-10                    (B)  while the child is enrolled in a traditional
   9-11  school, does not give the managing conservator written notice by
   9-12  May 1 of each year specifying an extended period or periods of
   9-13  summer possession, the possessory conservator shall have possession
   9-14  of the child for 42 consecutive days beginning at 6 p.m. on the
   9-15  third Sunday in June <June 15> and ending at 6 p.m. 42 days later
   9-16  <on July 27>;
   9-17              (5)  while the child is enrolled in a traditional
   9-18  school, if the managing conservator gives the possessory
   9-19  conservator written notice by June 1 <May 15> of each year <or
   9-20  gives the possessory conservator 14 days' notice on or after May 16
   9-21  of each year>, the managing conservator shall have possession of
   9-22  the child on any one weekend beginning at <from> Friday at 6 p.m.
   9-23  and ending at <to> 6 p.m. on the following Sunday during any one
   9-24  period of possession by the possessory conservator under
   9-25  Subdivision (4) of this subsection, provided that if a period of
   9-26  possession by the possessory conservator exceeds 30 days, the
   9-27  managing conservator may have possession of the child under the
   10-1  terms of this subdivision on any two nonconsecutive weekends during
   10-2  that time period, and further provided that the managing
   10-3  conservator picks up the child from the possessory conservator and
   10-4  returns the child to that same place; and
   10-5              (6)  the managing conservator shall have an extended
   10-6  period of possession of the child during the summer or intersession
   10-7  breaks if the managing conservator gives the possessory conservator
   10-8  written notice by June 1 <May 15> of each year; <or gives the
   10-9  possessory conservator 30 days' written notice on or after May 16
  10-10  of each year,> the managing conservator may designate 21 days
  10-11  beginning no earlier than the day after the child's school is
  10-12  dismissed for the summer vacation and ending no later than seven
  10-13  days before school resumes at the end of the summer vacation
  10-14  <between June 1 and August 31>, to be exercised in no more than two
  10-15  separate periods of at least seven consecutive days each, during
  10-16  which the possessory conservator shall not have possession of the
  10-17  child, provided that the period or periods so designated do not
  10-18  interfere with the possessory conservator's period or periods of
  10-19  extended summer possession or with Father's Day if the possessory
  10-20  conservator is the father of the child.
  10-21        (g)  General Terms and Conditions.  Except as otherwise
  10-22  explicitly provided, terms and conditions of possession of a child
  10-23  that apply irrespective of the distance between the residence of a
  10-24  parent and the child are as follows:
  10-25              (1)  the managing conservator shall surrender the child
  10-26  to the possessory conservator at the beginning of each period of
  10-27  the possessory conservator's possession at the residence of the
   11-1  managing conservator;
   11-2              (2)  if the possessory conservator elects to begin a
   11-3  period of possession at the time the child's school is regularly
   11-4  dismissed, the managing conservator shall surrender the child to
   11-5  the possessory conservator at the beginning of each of those
   11-6  periods of possession at the school in which the child is enrolled;
   11-7              (3)  the possessory conservator shall be ordered to do
   11-8  one of the following:
   11-9                    (A)  the possessory conservator shall surrender
  11-10  the child to the managing conservator at the end of each period of
  11-11  possession at the residence of the possessory conservator; or
  11-12                    (B)<, in the alternative,>  the possessory
  11-13  conservator shall return the child to the residence of the managing
  11-14  conservator at the end of each period of possession, except that
  11-15  the order shall provide that if the managing conservator's county
  11-16  of domicile should change, effective on the date of the change of
  11-17  domicile by the managing conservator, the possessory conservator
  11-18  shall surrender the child to the managing conservator at the end of
  11-19  each period of possession at the residence of the possessory
  11-20  conservator;
  11-21              (4)  if the possessory conservator elects to end a
  11-22  period of possession at the time the child's school resumes, the
  11-23  possessory conservator shall surrender the child to the managing
  11-24  conservator at the end of each period of possession at the school
  11-25  in which the child is enrolled;
  11-26              (5) <(3)>  each conservator shall return with the child
  11-27  the personal effects that the child brought at the beginning of the
   12-1  period of possession;
   12-2              (6) <(4)>  either parent may designate any competent
   12-3  adult to pick up and return the child, as applicable; a parent or a
   12-4  designated competent adult shall be present when the child is
   12-5  picked up or returned;
   12-6              (7) <(5)>  a parent shall give notice to the person in
   12-7  possession of the child on each occasion that the parent will be
   12-8  unable to exercise that parent's right of possession for any
   12-9  specified period; repeated failure of a parent to give notice of an
  12-10  inability to exercise possessory rights may be considered as a
  12-11  factor in a modification of those possessory rights;
  12-12              (8) <(6)>  written notice shall be deemed to have been
  12-13  timely made if received or postmarked before or at the time that
  12-14  notice is due; and
  12-15              (9) <(7)>  if a conservator's time of possession of a
  12-16  child ends at the time school resumes and for any reason the child
  12-17  is not or will not be returned to school, the conservator in
  12-18  possession of the child shall immediately notify the school and the
  12-19  other conservator that the child will not be or has not been
  12-20  returned to school.
  12-21        (h)  Means of Travel.  In an order providing for the terms
  12-22  and conditions of possession <possessory conservatorship> of a
  12-23  child the court may restrict the means of travel of the child by a
  12-24  legal mode of transportation only after a showing of good cause
  12-25  contained in the record and a finding by the court that the
  12-26  restriction is in the best interest of the child.  Further, the
  12-27  court shall set forth in its order the specific duties of the
   13-1  conservators to provide appropriate transportation to and from the
   13-2  relevant transportation facilities.
   13-3        (i)  Alternative Possession Times.  The  <If a child is
   13-4  enrolled in school, the> possessory conservator shall elect, in
   13-5  writing or on the record, before or at the time of the rendition of
   13-6  the original or a modified order, when each of <consents, and the
   13-7  court finds that it is in the best interest of the child, the
   13-8  standard order may expressly provide that> the possessory
   13-9  conservator's periods <period> of possession shall begin and <or>
  13-10  end<, or both, at a different time expressly set in the standard
  13-11  order under and> within the range of alternative times provided by
  13-12  one or both of the following subdivisions:
  13-13              (1)  beginning  <instead of a period of possession by a
  13-14  possessory conservator beginning at 6 p.m. on the day school
  13-15  recesses, the period of possession may be set in the standard order
  13-16  to begin> at the time the child's school is regularly dismissed
  13-17  <recesses> or at any time between the time the child's school is
  13-18  regularly dismissed <recesses> and 7 p.m., except that if school is
  13-19  not in session, then beginning at any time between noon and 7 p.m.
  13-20  <6 p.m.>; and
  13-21              (2)  ending  <instead of a period of possession by a
  13-22  possessory conservator ending at 6 p.m. on the day before school
  13-23  resumes, the period of possession may be set in the standard order
  13-24  to end> at the time school resumes or at 7 p.m.  <any time between
  13-25  6 p.m.> on the day before school resumes except that if school is
  13-26  not in session, then ending at 7 p.m. on the day the period of
  13-27  possession ends <and the time that school resumes>.
   14-1        (j)  Application of Alternative Possession Times.  The
   14-2  alternative possession times provided by Subsection (i) of this
   14-3  section may be applied to regular weekend possession under
   14-4  Subsections (c)(1) and (f)(1) of this section and to holiday
   14-5  possession under Subsections (e)(1) through (4) and Subsections
   14-6  (f)(2) and (3) of this section, but Subsection (i)(2) of this
   14-7  section may not be applied to Christmas school vacation under
   14-8  Subsection (e)(1) of this section and Subsection (i)(1) of this
   14-9  section may not be applied to Christmas school vacation under
  14-10  Subsection (e)(2) of this section.  Subsection (i)(1) of this
  14-11  section <but> may <not> be applied to Wednesday evening possession
  14-12  under Subsection (c)(2) of this section.
  14-13        SECTION 3.  Section 14.034, Family Code, is amended to read
  14-14  as follows:
  14-15        Sec. 14.034.  Guidelines for the Possession of a Child by a
  14-16  Parent Named as a Joint Managing Conservator.  The guidelines in
  14-17  Section 14.033 of this code constitute a presumptive minimum amount
  14-18  of time for possession of a child by a parent named as a joint
  14-19  managing conservator who is not awarded the right to establish the
  14-20  legal domicile <primary physical residence> of the child in any
  14-21  suit affecting the parent-child relationship.
  14-22        SECTION 4.  Section 14.01(a), Family Code, is amended to read
  14-23  as follows:
  14-24        (a)  In any suit affecting the parent-child relationship, the
  14-25  court may appoint a sole managing conservator or may appoint joint
  14-26  managing conservators<, and shall order reasonable terms and
  14-27  conditions for the implementation of the managing conservatorship>.
   15-1  A managing conservator must be a suitable, competent adult, or a
   15-2  parent, or an authorized agency.  If the court finds that the
   15-3  parents are or will be separated, the court shall appoint at least
   15-4  one <joint or sole> managing conservator.  If a managing
   15-5  conservator is appointed, the court shall establish the domicile of
   15-6  the child and order reasonable terms and conditions for the
   15-7  implementation of the managing conservatorship.  Once established
   15-8  by the court, the child's domicile may only be changed by order of
   15-9  the court.  The presumption is that it is not in the best interest
  15-10  of the child to change the child's domicile.  The court shall
  15-11  conduct a hearing on any motion to change the child's domicile
  15-12  within 30 days after the filing of the motion.
  15-13        SECTION 5.  Sections 14.02(a) and (b), Family Code, are
  15-14  amended to read as follows:
  15-15        (a)  Except as provided in Subsection (d) of this section, a
  15-16  parent appointed as sole managing conservator of the child retains
  15-17  all the rights, privileges, duties, and powers of a parent except
  15-18  the right to establish the child's domicile to the exclusion of the
  15-19  other parent, subject to the rights, privileges, duties, and powers
  15-20  of a possessory conservator as provided in Section 14.04 of this
  15-21  code and to any limitation imposed by court order in allowing
  15-22  access to the child.
  15-23        (b)  A managing conservator who is not the parent of the
  15-24  child has the following rights, privileges, duties, and powers,
  15-25  subject to the rights, privileges, duties, and powers of a
  15-26  possessory conservator as provided in Section 14.04 of this code
  15-27  and to any limitation imposed by court order in allowing access to
   16-1  the child:
   16-2              (1)  the right to have physical possession and<,> to
   16-3  direct the moral and religious training<, and to establish the
   16-4  legal domicile> of the child;
   16-5              (2)  the duty of care, control, protection, and
   16-6  reasonable discipline of the child;
   16-7              (3)  the duty to provide the child with clothing, food,
   16-8  shelter, and education;
   16-9              (4)  the right to the services and earnings of the
  16-10  child;
  16-11              (5)  the power to consent to marriage, to enlistment in
  16-12  the armed forces of the United States, and to medical, psychiatric,
  16-13  and surgical treatment;
  16-14              (6)  the power to represent the child in legal action
  16-15  and to make other decisions of substantial legal significance
  16-16  concerning the child including, except when a guardian of the
  16-17  child's estate or a guardian or attorney ad litem has been
  16-18  appointed for the child, a power as an agent of the child to act in
  16-19  relation to the child's estate if the child's action is required by
  16-20  a state, the United States, or a foreign government;
  16-21              (7)  the power to receive and give receipt for periodic
  16-22  payments for the support of the child and to hold or disburse these
  16-23  funds for the benefit of the child; and
  16-24              (8)  if the parent-child relationship has been
  16-25  terminated with respect to the parents, or only living parent, or
  16-26  if there is no living parent, the power to consent to the adoption
  16-27  of the child and to make any other decision concerning the child
   17-1  that a parent could make.
   17-2        SECTION 6.  Sections 14.021(a), (b), (c), and (f), Family
   17-3  Code, are amended to read as follows:
   17-4        (a)  It is the policy of this state to assure that children
   17-5  will have frequent and continuing contact with parents who have
   17-6  shown the ability to act in the best interest of the child, to
   17-7  provide a stable environment for the child, and to encourage
   17-8  parents to share in the rights and responsibilities of raising
   17-9  their children after the parents have separated or dissolved their
  17-10  marriage.
  17-11        (b)  In this section, "joint managing conservatorship" means
  17-12  the sharing of the rights, privileges, duties, and powers of a
  17-13  parent by two parties, ordinarily the parents, even if the
  17-14  exclusive power to make certain decisions may be awarded to one
  17-15  party.  Joint managing conservatorship does not require the award
  17-16  of equal or nearly equal periods of physical possession of and
  17-17  access to the child to each of the joint conservators<; ordinarily
  17-18  the best interest of the child will require the court to designate
  17-19  a primary physical residence for the child>.
  17-20        (c)  If a written agreement of the parents is filed with the
  17-21  court, the court shall appoint the parents as joint managing
  17-22  conservators of the child in its decree only if the court finds
  17-23  that the agreement:
  17-24              (1)  establishes the county of domicile <residence> of
  17-25  the child until altered by further order of the court<, or
  17-26  designates the conservator who has the sole legal right to
  17-27  determine the residence of the child>;
   18-1              (2)  expressly states the rights and duties of each
   18-2  parent regarding the child's present and future physical care,
   18-3  support, and education;
   18-4              (3)  includes provisions to minimize disruption of the
   18-5  child's schooling, daily routine, and association with friends;
   18-6              (4)  assigns and apportions between the parents,
   18-7  solely, concurrently, or jointly, all of the remaining rights,
   18-8  privileges, duties, and powers of a parent as provided by Section
   18-9  12.04 of this code;
  18-10              (5)  was entered into voluntarily and knowingly by each
  18-11  parent and has not been repudiated by either parent at the time the
  18-12  decree is rendered; and
  18-13              (6)  is in the best interest of the child.
  18-14        (f)  In a decree appointing joint managing conservators under
  18-15  Subsection (e) of this section, the court shall:
  18-16              (1)  establish the county of domicile <residence> of
  18-17  the child until altered by further order of the court<, or
  18-18  designate the conservator who has the sole legal right to determine
  18-19  the residence of the child>;
  18-20              (2)  expressly state the rights and duties of each
  18-21  parent regarding the child's present and future physical care,
  18-22  support, and education;
  18-23              (3)  include provisions to minimize disruption of the
  18-24  child's schooling, daily routine, and association with friends;
  18-25              (4)  assign and apportion between the parents, solely,
  18-26  concurrently, or jointly, all of the remaining rights, privileges,
  18-27  duties, and powers of a parent as provided in Section 12.04 of this
   19-1  code; and
   19-2              (5)  if feasible, require or recommend that the parties
   19-3  attempt to settle future disputes by a dispute resolution method
   19-4  before seeking enforcement or modification of the terms and
   19-5  conditions of the joint conservatorship through litigation, except
   19-6  in emergency situations requiring ex parte orders to protect the
   19-7  child.
   19-8        SECTION 7.  Section 14.08(c), Family Code, is amended to read
   19-9  as follows:
  19-10        (c)  After a hearing, the court may modify an order or
  19-11  portion of a decree that:
  19-12              (1)  designates a sole managing conservator if:
  19-13                    (A)  the circumstances of the child, sole
  19-14  managing conservator, possessory conservator, or other party
  19-15  affected by the order or decree have materially and substantially
  19-16  changed since the date of the rendition of the order or decree to
  19-17  be modified; and
  19-18                    (B)  the retention of the present sole managing
  19-19  conservator would be injurious to the welfare of the child; and
  19-20                    (C)  the appointment of the new sole managing
  19-21  conservator would be a positive improvement for the child; or
  19-22              (2)  provides for the support of a child if the
  19-23  circumstances of the child or a person affected by the order or
  19-24  portion of the decree to be modified have materially and
  19-25  substantially changed since the date of its rendition, except that
  19-26  a support order may be modified only as to obligations accruing
  19-27  after the earlier of the date of service of citation or an
   20-1  appearance on the motion to modify; or
   20-2              (3)  sets the terms and conditions for possession of or
   20-3  access to a child, or prescribes the relative rights, privileges,
   20-4  duties, and powers of conservators if:
   20-5                    (A)  the circumstances of the child or a person
   20-6  affected by the order or portion of the decree to be modified have
   20-7  materially and substantially changed since the date of the
   20-8  rendition of the order or decree; or
   20-9                    (B)  the order or portion of the decree to be
  20-10  modified has become unworkable or inappropriate under existing
  20-11  circumstances; or
  20-12                    (C)  the notice required by Section 14.031 of
  20-13  this code was not given, or there was a change in a conservator's
  20-14  residence to a place outside the jurisdiction of the court.  If a
  20-15  change of residence results in increased expenses for any party
  20-16  having possession of or access to a child, the court may enter
  20-17  appropriate orders to allocate those increased costs on a fair and
  20-18  equitable basis, taking into account the cause of the increased
  20-19  costs and the best interests of the child.  The payment of
  20-20  increased costs by the party whose residence is changed is
  20-21  rebuttably presumed to be in the best interest of the child.  Such
  20-22  an order may be entered without regard to whether any other change
  20-23  in the terms and conditions of possession of or access to the child
  20-24  is made; or
  20-25              (4)  designates a sole managing conservator if the sole
  20-26  managing conservator has voluntarily relinquished possession and
  20-27  control of the child for a period of more than six months and the
   21-1  modification is in the best interest of the child; or
   21-2              (5)  designates a sole managing conservator if a parent
   21-3  of the child requests appointment as a joint managing conservator,
   21-4  and the court finds that:
   21-5                    (A)  the circumstances of the child or the sole
   21-6  managing conservator have materially and substantially changed
   21-7  since the rendition of the order or decree to be modified;
   21-8                    (B)  retention of a sole managing conservatorship
   21-9  would be detrimental to the welfare of the child; and
  21-10                    (C)  the appointment of the parent as a joint
  21-11  managing conservator would be a positive improvement for and in the
  21-12  best interest of the child.
  21-13        SECTION 8.  This Act takes effect September 1, 1993, and
  21-14  applies to an original or modified order in a suit affecting the
  21-15  parent-child relationship under Title 2, Family Code, made on or
  21-16  after that date.  The enactment of the amendments made by this Act
  21-17  does not affect the validity or obligations, terms, and conditions
  21-18  of an order in a suit affecting the parent-child relationship made
  21-19  before the effective date of this Act, and this Act does not
  21-20  constitute a change of circumstances under Section 14.08, Family
  21-21  Code.
  21-22        SECTION 9.  The importance of this legislation and the
  21-23  crowded condition of the calendars in both houses create an
  21-24  emergency and an imperative public necessity that the
  21-25  constitutional rule requiring bills to be read on three several
  21-26  days in each house be suspended, and this rule is hereby suspended.