By:  Harris of Tarrant                                S.B. No. 1416
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the rights and privileges of a conservator of a child
    1-2  and to the terms and conditions of orders providing for the
    1-3  possession of a child, including guidelines.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsections (a), (b), and (c), Section 14.032,
    1-6  Family Code, are amended to read as follows:
    1-7        (a)  Policy and Application  <Child Three Years of Age or
    1-8  Older>.  The guidelines for the possession of a child by a parent
    1-9  named as a possessory conservator in this chapter are intended to
   1-10  guide the courts in determining the terms and conditions for
   1-11  possession of a child by a parent named as a possessory conservator
   1-12  in any suit affecting the parent-child relationship.  It is the
   1-13  policy of this state to encourage frequent contact between a child
   1-14  and each parent for periods of possession that optimize the
   1-15  development of a close and continuing relationship between each
   1-16  parent and child.  It is preferable for all children in a family to
   1-17  be together during periods of possession.  The standard possession
   1-18  order is  <These guidelines are> designed to apply to a child three
   1-19  years of age or older.
   1-20        (b)  Child Less Than Three Years of Age <Old>.  In rendering
   1-21  an order for possession of a child less than three years of age,
   1-22  the court shall make an order appropriate under the circumstances
   1-23  considering the factors listed in Subsection (c) of this section.
   1-24  The <old, the court may either render a "standard possession
    2-1  order," as defined in Section 14.033 of this code, or an order
    2-2  appropriate under the circumstances considering the age of the
    2-3  child.  If a standard possession order is not rendered, the> court
    2-4  shall also render a prospective order to take effect on the child's
    2-5  third birthday, which presumptively will be the standard possession
    2-6  order.
    2-7        (c)  Factors.  In determining the terms of possession of a
    2-8  child, the court shall be guided by the guidelines and may
    2-9  consider<, in varying from or following the guidelines>:
   2-10              (1)  the age, developmental status, circumstances,
   2-11  needs, and best interest of the child;
   2-12              (2)  the circumstances of the managing conservator and
   2-13  of the parent named as a possessory conservator; and
   2-14              (3)  any other relevant factor.
   2-15        SECTION 2.  Subsections (b), (c), (d), (e), (f), (g), (h),
   2-16  (i), (j), and (m), Section 14.033, Family Code, are amended to read
   2-17  as follows:
   2-18        (b)  Mutual Agreement or Specified Terms for Possession.  The
   2-19  court shall expressly state in a standard order that the parties
   2-20  may have possession of the child at any and all times mutually
   2-21  agreed to in advance by the parties and, in the absence of a
   2-22  <failing> mutual agreement, shall have possession of the child
   2-23  under the specified terms set out in the standard order.
   2-24        (c)  Parents Who Reside 100 Miles or Less Apart.  Except as
   2-25  otherwise explicitly provided, if the possessory conservator
   2-26  resides 100 miles or less from the primary residence of the child,
   2-27  the possessory conservator shall have the right to possession of
    3-1  the child as follows:
    3-2              (1)  on weekends beginning at <from> 6 p.m. on the
    3-3  first, third, and fifth Friday of each month and ending at <until>
    3-4  6 p.m. on the following Sunday or, at the possessory conservator's
    3-5  election made before or at the time of the rendition of the
    3-6  original or modification order, and as specified in the original or
    3-7  modification order, beginning at <from> the time the child's school
    3-8  is regularly dismissed and ending at <day ends, if any, until> 6
    3-9  p.m. on the following Sunday; and
   3-10              (2)  on Wednesdays of each week during the regular
   3-11  school term beginning at <from> 6 p.m. and ending at <until> 8
   3-12  p.m., or, at the possessory conservator's election made before or
   3-13  at the time of the rendition of the original or modification order,
   3-14  and as specified in the original or modification order, beginning
   3-15  at <from> the time the child's school is regularly dismissed and
   3-16  ending at <day ends, if any, until> 8 p.m.
   3-17        (d)  Weekend Possession Extended by Holiday.  Except as
   3-18  otherwise explicitly provided, if a weekend period of possession of
   3-19  the possessory conservator coincides with a school holiday during
   3-20  the regular school term or with a federal, state, or local holiday
   3-21  during the summer months in which school is not in session, the
   3-22  weekend possession shall end at <extend until> 6 p.m. on a Monday
   3-23  holiday or school holiday or shall begin at 6 p.m. Thursday for a
   3-24  Friday holiday or school holiday, as applicable, or, at the
   3-25  possessory conservator's election made before or at the time of
   3-26  rendition of the original or modification order, and as specified
   3-27  in the original or modification order, shall begin at the time the
    4-1  child's school is regularly dismissed.
    4-2        (e)  Vacations and Holidays.  The following provisions govern
    4-3  possession of the child for vacations and for certain specific
    4-4  holidays and supersede any conflicting weekend or Wednesday periods
    4-5  of possession provided by Subsections (c) and (d) of this section.
    4-6  The possessory conservator and managing conservator shall have
    4-7  rights of possession of the child as follows:
    4-8              (1)  the possessory conservator shall have possession
    4-9  of the child in even-numbered years beginning at <from> 6 p.m. on
   4-10  the <last school> day school for the child is dismissed for
   4-11  <before> the Christmas school vacation and ending at <begins until>
   4-12  noon on December 26th, and the managing conservator shall have
   4-13  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 at <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 beginning at <from> 6 p.m. on
   4-21  the day school for the child is dismissed <Wednesday> before
   4-22  Thanksgiving and ending at <until> 6 p.m. on the following Sunday,
   4-23  and the managing conservator shall have possession for the same
   4-24  period in even-numbered years;
   4-25              (4)  the possessory conservator shall have possession
   4-26  of the child in even-numbered years beginning at <from> 6 p.m. on
   4-27  the <last school> day school for the child is dismissed for
    5-1  <before> the school's spring vacation and ending at <begins until>
    5-2  6 p.m. on the day before school resumes after that vacation, and
    5-3  the managing conservator shall have possession for the same period
    5-4  in odd-numbered years;
    5-5              (5)  if the possessory conservator:
    5-6                    (A)  gives the managing conservator written
    5-7  notice by May 1 of each year specifying an extended period or
    5-8  periods of summer possession, the possessory conservator shall have
    5-9  possession of the child for 30 days beginning no earlier than the
   5-10  day after the child's school is dismissed for the summer vacation
   5-11  and ending no later than seven days before school resumes at the
   5-12  end of the summer vacation <between June 1 and August 31>, to be
   5-13  exercised in no more than two separate periods of at least seven
   5-14  consecutive days each; or
   5-15                    (B)  does not give the managing conservator
   5-16  written notice by May 1 of each year specifying an extended period
   5-17  or periods of summer possession, the possessory conservator shall
   5-18  have possession of the child for 30 consecutive days beginning at
   5-19  6 p.m. on July 1 and ending at 6 p.m. on July 31;
   5-20              (6)  if the managing conservator gives the possessory
   5-21  conservator written notice by June 1 <May 15> of each year <or
   5-22  gives the possessory conservator 14 days' written notice on or
   5-23  after May 16 of each year>, the managing conservator shall have
   5-24  possession of the child on any one weekend beginning on <from>
   5-25  Friday at 6 p.m. and ending at <to> 6 p.m.  on the following Sunday
   5-26  during any one period of possession by the possessory conservator
   5-27  under Subdivision (5) of this subsection, provided that the
    6-1  managing conservator picks up the child from the possessory
    6-2  conservator and returns the child to that same place;
    6-3              (7)  if the managing conservator gives the possessory
    6-4  conservator written notice by May 15 of each year or gives the
    6-5  possessory conservator 14 days' written notice on or after May 16
    6-6  of each year, the managing conservator may designate one weekend
    6-7  beginning no earlier than the day after the child's school is
    6-8  dismissed for the summer vacation and ending no later than seven
    6-9  days before school resumes at the end of the summer vacation
   6-10  <between June 1 and August 31>, during which an otherwise scheduled
   6-11  weekend period of possession by the possessory conservator will not
   6-12  take place, provided that the weekend so designated does not
   6-13  interfere with the possessory conservator's period or periods of
   6-14  extended summer possession or with Father's Day if the possessory
   6-15  conservator is the father of the child;
   6-16              (8)  the parent not otherwise entitled under this
   6-17  standard order to present <in> possession of a child on the child's
   6-18  birthday shall have possession of the child beginning at <from> 6
   6-19  p.m. and ending at <to> 8 p.m. on that day, provided that the
   6-20  parent not entitled to the two hours in possession picks up the
   6-21  child from the <child's> residence of the conservator entitled to
   6-22  possession of the child immediately before the two-hour possession
   6-23  begins and returns the child to that same place;
   6-24              (9)  if a conservator, the father shall have possession
   6-25  of the child beginning at 6 p.m. on the Friday preceding Father's
   6-26  Day and ending on Father's Day at <from 9 a.m. to> 6 p.m., provided
   6-27  that, if he is not otherwise entitled under this standard order to
    7-1  present <in> possession of the child, he picks up the child from
    7-2  the <child's> residence of the conservator entitled to possession
    7-3  of the child immediately before the Father's Day possession begins
    7-4  and returns the child to that same place; and
    7-5              (10)  if a conservator, the mother shall have
    7-6  possession of the child beginning at 6 p.m. on the Friday preceding
    7-7  Mother's Day and ending on Mother's Day at <from 9 a.m. to> 6 p.m.,
    7-8  provided that, if she is not otherwise entitled under this standard
    7-9  order to present <in> possession of the child, she picks up the
   7-10  child from the <child's> residence of the conservator entitled to
   7-11  possession of the child immediately before the Mother's Day
   7-12  possession begins and returns the child to that same place.
   7-13        (f)  Parents Who Reside Over 100 Miles Apart.  Except as
   7-14  otherwise explicitly provided, if the possessory conservator
   7-15  resides more than 100 miles from the residence of the child, the
   7-16  possessory conservator shall have the right to possession of the
   7-17  child as follows:
   7-18              (1)  either regular weekend possession beginning on the
   7-19  first, third, and fifth Friday as provided under the terms of
   7-20  Subsection (c)(1) of this section, or not more than one weekend per
   7-21  month of the possessory conservator's choice beginning at 6 p.m. on
   7-22  the day school recesses for the weekend and ending at 6 p.m. on the
   7-23  day before school resumes after the weekend, provided that the
   7-24  possessory conservator gives the managing conservator seven days'
   7-25  written or telephonic notice preceding a designated weekend, and
   7-26  provided that the possessory conservator elects an option for this
   7-27  possession either before the rendition of the original or
    8-1  modification order or by written notice given to the managing
    8-2  conservator within 90 days after the parties begin to reside more
    8-3  than 100 miles apart, as applicable, and provided that the weekend
    8-4  possessions do not conflict with Subsections (e)(1) through (3) and
    8-5  (e)(8) through (10) of this section;
    8-6              (2)  the terms of Subsections (e)(1) through (3) and
    8-7  (e)(8) through (10) of this section are applicable when the
    8-8  possessory conservator resides more than 100 miles from the
    8-9  residence of the child;
   8-10              (3)  each year beginning  <every spring school vacation
   8-11  from 6 p.m.> on the day school for the child is dismissed for the
   8-12  school's spring vacation and ending at <recesses until> 6 p.m. on
   8-13  the day before school resumes after that vacation;
   8-14              (4)  if the possessory conservator:
   8-15                    (A)  gives the managing conservator written
   8-16  notice by May 1 of each year specifying an extended period or
   8-17  periods of summer possession, the possessory conservator shall have
   8-18  possession of the child for 42 days beginning no earlier than the
   8-19  day after the child's school is dismissed for the summer vacation
   8-20  and ending no later than seven days before school resumes at the
   8-21  end of the summer vacation <between June 1 and August 31>, to be
   8-22  exercised in no more than two separate periods of at least seven
   8-23  consecutive days each; or
   8-24                    (B)  does not give the managing conservator
   8-25  written notice by May 1 of each year specifying an extended period
   8-26  or periods of summer possession, the possessory conservator shall
   8-27  have possession of the child for 42 consecutive days beginning at
    9-1  6 p.m. on June 15 and ending at 6 p.m. on July 27;
    9-2              (5)  if the managing conservator gives the possessory
    9-3  conservator written notice by June 1 <May 15> of each year <or
    9-4  gives the possessory conservator 14 days' notice on or after May 16
    9-5  of each year>, the managing conservator shall have possession of
    9-6  the child on any one weekend beginning at <from> Friday at 6 p.m.
    9-7  and ending at <to> 6 p.m. on the following Sunday during any one
    9-8  period of possession by the possessory conservator under
    9-9  Subdivision (4) of this subsection, provided that if a period of
   9-10  possession by the possessory conservator exceeds 30 days, the
   9-11  managing conservator may have possession of the child under the
   9-12  terms of this subdivision on any two nonconsecutive weekends during
   9-13  that time period, and further provided that the managing
   9-14  conservator picks up the child from the possessory conservator and
   9-15  returns the child to that same place; and
   9-16              (6)  if the managing conservator gives the possessory
   9-17  conservator written notice by May 15 of each year or gives the
   9-18  possessory conservator 30 days' written notice on or after May 16
   9-19  of each year, the managing conservator may designate 21 days
   9-20  beginning no earlier than the day after the child's school is
   9-21  dismissed for the summer vacation and ending no later than seven
   9-22  days before school resumes at the end of the summer vacation
   9-23  <between June 1 and August 31>, to be exercised in no more than two
   9-24  separate periods of at least seven consecutive days each, during
   9-25  which the possessory conservator shall not have possession of the
   9-26  child, provided that the period or periods so designated do not
   9-27  interfere with the possessory conservator's period or periods of
   10-1  extended summer possession or with Father's Day if the possessory
   10-2  conservator is the father of the child.
   10-3        (g)  General Terms and Conditions.  Except as otherwise
   10-4  explicitly provided, terms and conditions of possession of a child
   10-5  that apply irrespective of the distance between the residence of a
   10-6  parent and the child are as follows:
   10-7              (1)  the managing conservator shall surrender the child
   10-8  to the possessory conservator at the beginning of each period of
   10-9  the possessory conservator's possession at the residence of the
  10-10  managing conservator;
  10-11              (2)  if the possessory conservator elects to begin a
  10-12  period of possession at the time the child's school is regularly
  10-13  dismissed, the managing conservator shall surrender the child to
  10-14  the possessory conservator at the beginning of each of those
  10-15  periods of possession at the school in which the child is enrolled;
  10-16              (3)  the possessory conservator shall be ordered to do
  10-17  one of the following:
  10-18                    (A)  the possessory conservator shall surrender
  10-19  the child to the managing conservator at the end of each period of
  10-20  possession at the residence of the possessory conservator; or
  10-21                    (B)  <, in the alternative,>  the possessory
  10-22  conservator shall return the child to the residence of the managing
  10-23  conservator at the end of each period of possession, except that
  10-24  the order shall provide that if the possessory conservator's county
  10-25  of domicile remains the same after the rendition of the order
  10-26  establishing terms and conditions of possession and access and if
  10-27  the managing conservator's county of domicile should change,
   11-1  effective on the date of the change of domicile  by the managing
   11-2  conservator, the possessory conservator shall surrender the child
   11-3  to the managing conservator at the end of each period of possession
   11-4  at the residence of the possessory conservator;
   11-5              (4)  if the possessory conservator elects to end a
   11-6  period of possession at the time the child's school resumes, the
   11-7  possessory conservator shall surrender the child to the managing
   11-8  conservator at the end of each period of possession at the school
   11-9  in which the child is enrolled;
  11-10              (5) <(3)>  each conservator shall return with the child
  11-11  the personal effects that the child brought at the beginning of the
  11-12  period of possession;
  11-13              (6) <(4)>  either parent may designate any competent
  11-14  adult to pick up and return the child, as applicable; a parent or a
  11-15  designated competent adult shall be present when the child is
  11-16  picked up or returned;
  11-17              (7) <(5)>  a parent shall give notice to the person in
  11-18  possession of the child on each occasion that the parent will be
  11-19  unable to exercise that parent's right of possession for any
  11-20  specified period; repeated failure of a parent to give notice of an
  11-21  inability to exercise possessory rights may be considered as a
  11-22  factor in a modification of those possessory rights;
  11-23              (8) <(6)>  written notice shall be deemed to have been
  11-24  timely made if received or postmarked before or at the time that
  11-25  notice is due; and
  11-26              (9) <(7)>  if a conservator's time of possession of a
  11-27  child ends at the time school resumes and for any reason the child
   12-1  is not or will not be returned to school, the conservator in
   12-2  possession of the child shall immediately notify the school and the
   12-3  other conservator that the child will not be or has not been
   12-4  returned to school.
   12-5        (h)  Means of Travel.  In an order providing for the terms
   12-6  and conditions of possession <possessory conservatorship> of a
   12-7  child the court may restrict the means of travel of the child by a
   12-8  legal mode of transportation only after a showing of good cause
   12-9  contained in the record and a finding by the court that the
  12-10  restriction is in the best interest of the child.  Further, the
  12-11  court shall set forth in its order the specific duties of the
  12-12  conservators to provide appropriate transportation to and from the
  12-13  relevant transportation facilities.
  12-14        (i)  Alternative Possession Times.  If a child is enrolled in
  12-15  school, and the possessory conservator consents before or at the
  12-16  time of the rendition of the original or a modified order<, and the
  12-17  court finds that it is in the best interest of the child>, the
  12-18  standard order may expressly provide that the possessory
  12-19  conservator's period of possession shall begin or end, or both, at
  12-20  a different time expressly set in the standard order under and
  12-21  within the range of alternative times provided by one or both of
  12-22  the following subdivisions:
  12-23              (1)  instead of a period of possession by a possessory
  12-24  conservator beginning at 6 p.m. on the day school recesses, the
  12-25  period of possession may be set in the standard order to begin at
  12-26  the time the child's school is regularly dismissed <recesses> or at
  12-27  any time between the time the child's school is regularly dismissed
   13-1  <recesses> and 6 p.m.; and
   13-2              (2)  instead of a period of possession by a possessory
   13-3  conservator ending at 6 p.m. on the day before school resumes, the
   13-4  period of possession may be set in the standard order to end at the
   13-5  time school resumes or at <any time between> 6 p.m. on the day
   13-6  before school resumes <and the time that school resumes>.
   13-7        (j)  Application of Alternative Possession Times.  The
   13-8  alternative possession times provided by Subsection (i) of this
   13-9  section may be applied to regular weekend possession under
  13-10  Subsections (c)(1) and (f)(1) of this section and to holiday
  13-11  possession under Subsections (e)(1) through (4) and Subsections
  13-12  (f)(2) and (3) of this section, but Subsection (i)(2) of this
  13-13  section may not be applied to Christmas school vacation under
  13-14  Subsection (e)(1) of this section or Wednesday evening possession
  13-15  under Subsection (c)(2) of this section, and Subsection (i)(1) of
  13-16  this section may not be applied to Christmas school vacation under
  13-17  Subsection (e)(2) of this section.  Subsection (i)(1) of this
  13-18  section <but> may <not> be applied to Wednesday evening possession
  13-19  under Subsection (c)(2) of this section.
  13-20        (m)  Unusual Circumstances.  If the work schedule or other
  13-21  special circumstances of the managing conservator, the possessory
  13-22  conservator, or the child, or the child's year-round school
  13-23  schedule, make the standard possession order unworkable or
  13-24  inappropriate, the court shall render an order that grants periods
  13-25  of possession of the child as similar as possible to those provided
  13-26  by the standard order.
  13-27        SECTION 3.  Subsection (a), Section 14.01, Family Code, is
   14-1  amended to read as follows:
   14-2        (a)  In any suit affecting the parent-child relationship, the
   14-3  court may appoint a sole managing conservator or may appoint joint
   14-4  managing conservators<, and shall order reasonable terms and
   14-5  conditions for the implementation of the managing conservatorship>.
   14-6  A managing conservator must be a suitable, competent adult, or a
   14-7  parent, or an authorized agency.  If the court finds that the
   14-8  parents are or will be separated, the court shall appoint at least
   14-9  one <joint or sole> managing conservator.
  14-10        SECTION 4.  Subsection (a), Section 14.021, Family Code, is
  14-11  amended to read as follows:
  14-12        (a)  It is the policy of this state to assure that children
  14-13  will have frequent and continuing contact with parents who have
  14-14  shown the ability to act in the best interest of the child, to
  14-15  provide a stable environment for the child, and to encourage
  14-16  parents to share in the rights and responsibilities of raising
  14-17  their children after the parents have separated or dissolved their
  14-18  marriage.
  14-19        SECTION 5.  Subsections (c) and (d), Section 14.08, Family
  14-20  Code, are amended to read as follows:
  14-21        (c)  After a hearing, the court may modify an order or
  14-22  portion of a decree that:
  14-23              (1)  designates a sole managing conservator if:
  14-24                    (A)  the circumstances of the child, sole
  14-25  managing conservator, possessory conservator, or other party
  14-26  affected by the order or decree have materially and substantially
  14-27  changed since the date of the rendition of the order or decree to
   15-1  be modified; and
   15-2                    (B)  the retention of the present sole managing
   15-3  conservator would be injurious to the welfare of the child; and
   15-4                    (C)  the appointment of the new sole managing
   15-5  conservator would be a positive improvement for the child; or
   15-6              (2)  provides for the support of a child if the
   15-7  circumstances of the child or a person affected by the order or
   15-8  portion of the decree to be modified have materially and
   15-9  substantially changed since the date of its rendition, except that
  15-10  a support order may be modified only as to obligations accruing
  15-11  after the earlier of the date of service of citation or an
  15-12  appearance on the motion to modify; or
  15-13              (3)  sets the terms and conditions for possession of or
  15-14  access to a child, or prescribes the relative rights, privileges,
  15-15  duties, and powers of conservators if:
  15-16                    (A)  the circumstances of the child or a person
  15-17  affected by the order or portion of the decree to be modified have
  15-18  materially and substantially changed since the date of the
  15-19  rendition of the order or decree; or
  15-20                    (B)  the order or portion of the decree to be
  15-21  modified has become unworkable or inappropriate under existing
  15-22  circumstances; or
  15-23                    (C)  the notice required by Section 14.031 of
  15-24  this code was not given, or there was a change in a conservator's
  15-25  residence to a place outside the jurisdiction of the court.  If a
  15-26  change of residence results in increased expenses for any party
  15-27  having possession of or access to a child, the court may enter
   16-1  appropriate orders to allocate those increased costs on a fair and
   16-2  equitable basis, taking into account the cause of the increased
   16-3  costs and the best interests of the child.  The payment of
   16-4  increased costs by the party whose residence is changed is
   16-5  rebuttably presumed to be in the best interest of the child.  Such
   16-6  an order may be entered without regard to whether any other change
   16-7  in the terms and conditions of possession of or access to the child
   16-8  is made; or
   16-9              (4)  designates a sole managing conservator if the sole
  16-10  managing conservator has voluntarily relinquished possession and
  16-11  control of the child for a period of more than six months and the
  16-12  modification is in the best interest of the child; or
  16-13              (5)  designates a sole managing conservator if a parent
  16-14  of the child requests appointment as a joint managing conservator,
  16-15  and the court finds that:
  16-16                    (A)  the circumstances of the child or the sole
  16-17  managing conservator have materially and substantially changed
  16-18  since the rendition of the order or decree to be modified;
  16-19                    (B)  retention of a sole managing conservatorship
  16-20  would be detrimental to the welfare of the child; and
  16-21                    (C)  the appointment of the parent as a joint
  16-22  managing conservator would be a positive improvement for and in the
  16-23  best interest of the child.
  16-24        (d)  If the motion is filed for the purpose of changing the
  16-25  designation of the sole managing conservator and is filed within
  16-26  one year after the date of the rendition of the order or decree to
  16-27  be modified, there shall be attached to the motion an affidavit
   17-1  executed by the person making the motion.  The affidavit must
   17-2  contain, along with supporting facts, at least one of the following
   17-3  allegations that <along with the supportive facts>:
   17-4              (1)  <that> the child's present environment may
   17-5  endanger his physical health or significantly impair his emotional
   17-6  development; <or>
   17-7              (2)  <that> the sole managing conservator is the person
   17-8  seeking the modification or consents to the modification, and the
   17-9  modification is in the best interest of the child; or
  17-10              (3)  the child's sole managing conservator has
  17-11  voluntarily relinquished the actual care, control, and possession
  17-12  of the child for more than six months and the modification is in
  17-13  the best interest of the child.
  17-14        SECTION 6.  (a)  This Act takes effect September 1, 1993.
  17-15        (b)  This Act applies to an original or modified order in a
  17-16  suit affecting the parent-child relationship under Title 2, Family
  17-17  Code, made on or after that date.  The change made by this Act to
  17-18  Subsection (d), Section 14.08, Family Code, applies only to a
  17-19  proceeding under that section in which a hearing has not been held
  17-20  before the effective date of this Act.
  17-21        (c)  The enactment of the amendments made by this Act does
  17-22  not affect the validity or obligations, terms, and conditions of an
  17-23  order in a suit affecting the parent-child relationship made before
  17-24  the effective date of this Act, and this Act does not constitute a
  17-25  change of circumstances under Section 14.08, Family Code.
  17-26        SECTION 7.  The importance of this legislation and the
  17-27  crowded condition of the calendars in both houses create an
   18-1  emergency and an imperative public necessity that the
   18-2  constitutional rule requiring bills to be read on three several
   18-3  days in each house be suspended, and this rule is hereby suspended.