1-1  By:  Harris of Tarrant                                S.B. No. 1416
    1-2        (In the Senate - Filed April 23, 1993; April 26, 1993, read
    1-3  first time and referred to Committee on Jurisprudence; May 4, 1993,
    1-4  reported favorably by the following vote:  Yeas 5, Nays 0;
    1-5  May 4, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown              x                               
   1-11        Harris of Dallas   x                               
   1-12        Luna               x                               
   1-13        Parker                                         x   
   1-14        West                                           x   
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the rights and privileges of a conservator of a child
   1-18  and to the terms and conditions of orders providing for the
   1-19  possession of a child, including guidelines.
   1-20        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-21        SECTION 1.  Subsections (a), (b), and (c), Section 14.032,
   1-22  Family Code, are amended to read as follows:
   1-23        (a)  Policy and Application  <Child Three Years of Age or
   1-24  Older>.  The guidelines for the possession of a child by a parent
   1-25  named as a possessory conservator in this chapter are intended to
   1-26  guide the courts in determining the terms and conditions for
   1-27  possession of a child by a parent named as a possessory conservator
   1-28  in any suit affecting the parent-child relationship.  It is the
   1-29  policy of this state to encourage frequent contact between a child
   1-30  and each parent for periods of possession that optimize the
   1-31  development of a close and continuing relationship between each
   1-32  parent and child.  It is preferable for all children in a family to
   1-33  be together during periods of possession.  The standard possession
   1-34  order is  <These guidelines are> designed to apply to a child three
   1-35  years of age or older.
   1-36        (b)  Child Less Than Three Years of Age <Old>.  In rendering
   1-37  an order for possession of a child less than three years of age,
   1-38  the court shall make an order appropriate under the circumstances
   1-39  considering the factors listed in Subsection (c) of this section.
   1-40  The <old, the court may either render a "standard possession
   1-41  order," as defined in Section 14.033 of this code, or an order
   1-42  appropriate under the circumstances considering the age of the
   1-43  child.  If a standard possession order is not rendered, the> court
   1-44  shall also render a prospective order to take effect on the child's
   1-45  third birthday, which presumptively will be the standard possession
   1-46  order.
   1-47        (c)  Factors.  In determining the terms of possession of a
   1-48  child, the court shall be guided by the guidelines and may
   1-49  consider<, in varying from or following the guidelines>:
   1-50              (1)  the age, developmental status, circumstances,
   1-51  needs, and best interest of the child;
   1-52              (2)  the circumstances of the managing conservator and
   1-53  of the parent named as a possessory conservator; and
   1-54              (3)  any other relevant factor.
   1-55        SECTION 2.  Subsections (b), (c), (d), (e), (f), (g), (h),
   1-56  (i), (j), and (m), Section 14.033, Family Code, are amended to read
   1-57  as follows:
   1-58        (b)  Mutual Agreement or Specified Terms for Possession.  The
   1-59  court shall expressly state in a standard order that the parties
   1-60  may have possession of the child at any and all times mutually
   1-61  agreed to in advance by the parties and, in the absence of a
   1-62  <failing> mutual agreement, shall have possession of the child
   1-63  under the specified terms set out in the standard order.
   1-64        (c)  Parents Who Reside 100 Miles or Less Apart.  Except as
   1-65  otherwise explicitly provided, if the possessory conservator
   1-66  resides 100 miles or less from the primary residence of the child,
   1-67  the possessory conservator shall have the right to possession of
   1-68  the child as follows:
    2-1              (1)  on weekends beginning at <from> 6 p.m. on the
    2-2  first, third, and fifth Friday of each month and ending at <until>
    2-3  6 p.m. on the following Sunday or, at the possessory conservator's
    2-4  election made before or at the time of the rendition of the
    2-5  original or modification order, and as specified in the original or
    2-6  modification order, beginning at <from> the time the child's school
    2-7  is regularly dismissed and ending at <day ends, if any, until> 6
    2-8  p.m. on the following Sunday; and
    2-9              (2)  on Wednesdays of each week during the regular
   2-10  school term beginning at <from> 6 p.m. and ending at <until> 8
   2-11  p.m., or, at the possessory conservator's election made before or
   2-12  at the time of the rendition of the original or modification order,
   2-13  and as specified in the original or modification order, beginning
   2-14  at <from> the time the child's school is regularly dismissed and
   2-15  ending at <day ends, if any, until> 8 p.m.
   2-16        (d)  Weekend Possession Extended by Holiday.  Except as
   2-17  otherwise explicitly provided, if a weekend period of possession of
   2-18  the possessory conservator coincides with a school holiday during
   2-19  the regular school term or with a federal, state, or local holiday
   2-20  during the summer months in which school is not in session, the
   2-21  weekend possession shall end at <extend until> 6 p.m. on a Monday
   2-22  holiday or school holiday or shall begin at 6 p.m. Thursday for a
   2-23  Friday holiday or school holiday, as applicable, or, at the
   2-24  possessory conservator's election made before or at the time of
   2-25  rendition of the original or modification order, and as specified
   2-26  in the original or modification order, shall begin at the time the
   2-27  child's school is regularly dismissed.
   2-28        (e)  Vacations and Holidays.  The following provisions govern
   2-29  possession of the child for vacations and for certain specific
   2-30  holidays and supersede any conflicting weekend or Wednesday periods
   2-31  of possession provided by Subsections (c) and (d) of this section.
   2-32  The possessory conservator and managing conservator shall have
   2-33  rights of possession of the child as follows:
   2-34              (1)  the possessory conservator shall have possession
   2-35  of the child in even-numbered years beginning at <from> 6 p.m. on
   2-36  the <last school> day school for the child is dismissed for
   2-37  <before> the Christmas school vacation and ending at <begins until>
   2-38  noon on December 26th, and the managing conservator shall have
   2-39  possession for the same period in odd-numbered years;
   2-40              (2)  the possessory conservator shall have possession
   2-41  of the child in odd-numbered years beginning at <from> noon on
   2-42  December 26th and ending at <until> 6 p.m. on the day before school
   2-43  resumes after that vacation, and the managing conservator shall
   2-44  have possession for the same period in even-numbered years;
   2-45              (3)  the possessory conservator shall have possession
   2-46  of the child in odd-numbered years beginning at <from> 6 p.m. on
   2-47  the day school for the child is dismissed <Wednesday> before
   2-48  Thanksgiving and ending at <until> 6 p.m. on the following Sunday,
   2-49  and the managing conservator shall have possession for the same
   2-50  period in even-numbered years;
   2-51              (4)  the possessory conservator shall have possession
   2-52  of the child in even-numbered years beginning at <from> 6 p.m. on
   2-53  the <last school> day school for the child is dismissed for
   2-54  <before> the school's spring vacation and ending at <begins until>
   2-55  6 p.m. on the day before school resumes after that vacation, and
   2-56  the managing conservator shall have possession for the same period
   2-57  in odd-numbered years;
   2-58              (5)  if the possessory conservator:
   2-59                    (A)  gives the managing conservator written
   2-60  notice by May 1 of each year specifying an extended period or
   2-61  periods of summer possession, the possessory conservator shall have
   2-62  possession of the child for 30 days beginning no earlier than the
   2-63  day after the child's school is dismissed for the summer vacation
   2-64  and ending no later than seven days before school resumes at the
   2-65  end of the summer vacation <between June 1 and August 31>, to be
   2-66  exercised in no more than two separate periods of at least seven
   2-67  consecutive days each; or
   2-68                    (B)  does not give the managing conservator
   2-69  written notice by May 1 of each year specifying an extended period
   2-70  or periods of summer possession, the possessory conservator shall
    3-1  have possession of the child for 30 consecutive days beginning at
    3-2  6 p.m. on July 1 and ending at 6 p.m. on July 31;
    3-3              (6)  if the managing conservator gives the possessory
    3-4  conservator written notice by June 1 <May 15> of each year <or
    3-5  gives the possessory conservator 14 days' written notice on or
    3-6  after May 16 of each year>, the managing conservator shall have
    3-7  possession of the child on any one weekend beginning on <from>
    3-8  Friday at 6 p.m. and ending at <to> 6 p.m.  on the following Sunday
    3-9  during any one period of possession by the possessory conservator
   3-10  under Subdivision (5) of this subsection, provided that the
   3-11  managing conservator picks up the child from the possessory
   3-12  conservator and returns the child to that same place;
   3-13              (7)  if the managing conservator gives the possessory
   3-14  conservator written notice by May 15 of each year or gives the
   3-15  possessory conservator 14 days' written notice on or after May 16
   3-16  of each year, the managing conservator may designate one weekend
   3-17  beginning no earlier than the day after the child's school is
   3-18  dismissed for the summer vacation and ending no later than seven
   3-19  days before school resumes at the end of the summer vacation
   3-20  <between June 1 and August 31>, during which an otherwise scheduled
   3-21  weekend period of possession by the possessory conservator will not
   3-22  take place, provided that the weekend so designated does not
   3-23  interfere with the possessory conservator's period or periods of
   3-24  extended summer possession or with Father's Day if the possessory
   3-25  conservator is the father of the child;
   3-26              (8)  the parent not otherwise entitled under this
   3-27  standard order to present <in> possession of a child on the child's
   3-28  birthday shall have possession of the child beginning at <from> 6
   3-29  p.m. and ending at <to> 8 p.m. on that day, provided that the
   3-30  parent not entitled to the two hours in possession picks up the
   3-31  child from the <child's> residence of the conservator entitled to
   3-32  possession of the child immediately before the two-hour possession
   3-33  begins and returns the child to that same place;
   3-34              (9)  if a conservator, the father shall have possession
   3-35  of the child beginning at 6 p.m. on the Friday preceding Father's
   3-36  Day and ending on Father's Day at <from 9 a.m. to> 6 p.m., provided
   3-37  that, if he is not otherwise entitled under this standard order to
   3-38  present <in> possession of the child, he picks up the child from
   3-39  the <child's> residence of the conservator entitled to possession
   3-40  of the child immediately before the Father's Day possession begins
   3-41  and returns the child to that same place; and
   3-42              (10)  if a conservator, the mother shall have
   3-43  possession of the child beginning at 6 p.m. on the Friday preceding
   3-44  Mother's Day and ending on Mother's Day at <from 9 a.m. to> 6 p.m.,
   3-45  provided that, if she is not otherwise entitled under this standard
   3-46  order to present <in> possession of the child, she picks up the
   3-47  child from the <child's> residence of the conservator entitled to
   3-48  possession of the child immediately before the Mother's Day
   3-49  possession begins and returns the child to that same place.
   3-50        (f)  Parents Who Reside Over 100 Miles Apart.  Except as
   3-51  otherwise explicitly provided, if the possessory conservator
   3-52  resides more than 100 miles from the residence of the child, the
   3-53  possessory conservator shall have the right to possession of the
   3-54  child as follows:
   3-55              (1)  either regular weekend possession beginning on the
   3-56  first, third, and fifth Friday as provided under the terms of
   3-57  Subsection (c)(1) of this section, or not more than one weekend per
   3-58  month of the possessory conservator's choice beginning at 6 p.m. on
   3-59  the day school recesses for the weekend and ending at 6 p.m. on the
   3-60  day before school resumes after the weekend, provided that the
   3-61  possessory conservator gives the managing conservator seven days'
   3-62  written or telephonic notice preceding a designated weekend, and
   3-63  provided that the possessory conservator elects an option for this
   3-64  possession either before the rendition of the original or
   3-65  modification order or by written notice given to the managing
   3-66  conservator within 90 days after the parties begin to reside more
   3-67  than 100 miles apart, as applicable, and provided that the weekend
   3-68  possessions do not conflict with Subsections (e)(1) through (3) and
   3-69  (e)(8) through (10) of this section;
   3-70              (2)  the terms of Subsections (e)(1) through (3) and
    4-1  (e)(8) through (10) of this section are applicable when the
    4-2  possessory conservator resides more than 100 miles from the
    4-3  residence of the child;
    4-4              (3)  each year beginning  <every spring school vacation
    4-5  from 6 p.m.> on the day school for the child is dismissed for the
    4-6  school's spring vacation and ending at <recesses until> 6 p.m. on
    4-7  the day before school resumes after that vacation;
    4-8              (4)  if the possessory conservator:
    4-9                    (A)  gives the managing conservator written
   4-10  notice by May 1 of each year specifying an extended period or
   4-11  periods of summer possession, the possessory conservator shall have
   4-12  possession of the child for 42 days beginning no earlier than the
   4-13  day after the child's school is dismissed for the summer vacation
   4-14  and ending no later than seven days before school resumes at the
   4-15  end of the summer vacation <between June 1 and August 31>, to be
   4-16  exercised in no more than two separate periods of at least seven
   4-17  consecutive days each; or
   4-18                    (B)  does not give the managing conservator
   4-19  written notice by May 1 of each year specifying an extended period
   4-20  or periods of summer possession, the possessory conservator shall
   4-21  have possession of the child for 42 consecutive days beginning at
   4-22  6 p.m. on June 15 and ending at 6 p.m. on July 27;
   4-23              (5)  if the managing conservator gives the possessory
   4-24  conservator written notice by June 1 <May 15> of each year <or
   4-25  gives the possessory conservator 14 days' notice on or after May 16
   4-26  of each year>, the managing conservator shall have possession of
   4-27  the child on any one weekend beginning at <from> Friday at 6 p.m.
   4-28  and ending at <to> 6 p.m. on the following Sunday during any one
   4-29  period of possession by the possessory conservator under
   4-30  Subdivision (4) of this subsection, provided that if a period of
   4-31  possession by the possessory conservator exceeds 30 days, the
   4-32  managing conservator may have possession of the child under the
   4-33  terms of this subdivision on any two nonconsecutive weekends during
   4-34  that time period, and further provided that the managing
   4-35  conservator picks up the child from the possessory conservator and
   4-36  returns the child to that same place; and
   4-37              (6)  if the managing conservator gives the possessory
   4-38  conservator written notice by May 15 of each year or gives the
   4-39  possessory conservator 30 days' written notice on or after May 16
   4-40  of each year, the managing conservator may designate 21 days
   4-41  beginning no earlier than the day after the child's school is
   4-42  dismissed for the summer vacation and ending no later than seven
   4-43  days before school resumes at the end of the summer vacation
   4-44  <between June 1 and August 31>, to be exercised in no more than two
   4-45  separate periods of at least seven consecutive days each, during
   4-46  which the possessory conservator shall not have possession of the
   4-47  child, provided that the period or periods so designated do not
   4-48  interfere with the possessory conservator's period or periods of
   4-49  extended summer possession or with Father's Day if the possessory
   4-50  conservator is the father of the child.
   4-51        (g)  General Terms and Conditions.  Except as otherwise
   4-52  explicitly provided, terms and conditions of possession of a child
   4-53  that apply irrespective of the distance between the residence of a
   4-54  parent and the child are as follows:
   4-55              (1)  the managing conservator shall surrender the child
   4-56  to the possessory conservator at the beginning of each period of
   4-57  the possessory conservator's possession at the residence of the
   4-58  managing conservator;
   4-59              (2)  if the possessory conservator elects to begin a
   4-60  period of possession at the time the child's school is regularly
   4-61  dismissed, the managing conservator shall surrender the child to
   4-62  the possessory conservator at the beginning of each of those
   4-63  periods of possession at the school in which the child is enrolled;
   4-64              (3)  the possessory conservator shall be ordered to do
   4-65  one of the following:
   4-66                    (A)  the possessory conservator shall surrender
   4-67  the child to the managing conservator at the end of each period of
   4-68  possession at the residence of the possessory conservator; or
   4-69                    (B)  <, in the alternative,>  the possessory
   4-70  conservator shall return the child to the residence of the managing
    5-1  conservator at the end of each period of possession, except that
    5-2  the order shall provide that if the possessory conservator's county
    5-3  of domicile remains the same after the rendition of the order
    5-4  establishing terms and conditions of possession and access and if
    5-5  the managing conservator's county of domicile should change,
    5-6  effective on the date of the change of domicile  by the managing
    5-7  conservator, the possessory conservator shall surrender the child
    5-8  to the managing conservator at the end of each period of possession
    5-9  at the residence of the possessory conservator;
   5-10              (4)  if the possessory conservator elects to end a
   5-11  period of possession at the time the child's school resumes, the
   5-12  possessory conservator shall surrender the child to the managing
   5-13  conservator at the end of each period of possession at the school
   5-14  in which the child is enrolled;
   5-15              (5) <(3)>  each conservator shall return with the child
   5-16  the personal effects that the child brought at the beginning of the
   5-17  period of possession;
   5-18              (6) <(4)>  either parent may designate any competent
   5-19  adult to pick up and return the child, as applicable; a parent or a
   5-20  designated competent adult shall be present when the child is
   5-21  picked up or returned;
   5-22              (7) <(5)>  a parent shall give notice to the person in
   5-23  possession of the child on each occasion that the parent will be
   5-24  unable to exercise that parent's right of possession for any
   5-25  specified period; repeated failure of a parent to give notice of an
   5-26  inability to exercise possessory rights may be considered as a
   5-27  factor in a modification of those possessory rights;
   5-28              (8) <(6)>  written notice shall be deemed to have been
   5-29  timely made if received or postmarked before or at the time that
   5-30  notice is due; and
   5-31              (9) <(7)>  if a conservator's time of possession of a
   5-32  child ends at the time school resumes and for any reason the child
   5-33  is not or will not be returned to school, the conservator in
   5-34  possession of the child shall immediately notify the school and the
   5-35  other conservator that the child will not be or has not been
   5-36  returned to school.
   5-37        (h)  Means of Travel.  In an order providing for the terms
   5-38  and conditions of possession <possessory conservatorship> of a
   5-39  child the court may restrict the means of travel of the child by a
   5-40  legal mode of transportation only after a showing of good cause
   5-41  contained in the record and a finding by the court that the
   5-42  restriction is in the best interest of the child.  Further, the
   5-43  court shall set forth in its order the specific duties of the
   5-44  conservators to provide appropriate transportation to and from the
   5-45  relevant transportation facilities.
   5-46        (i)  Alternative Possession Times.  If a child is enrolled in
   5-47  school, and the possessory conservator consents before or at the
   5-48  time of the rendition of the original or a modified order<, and the
   5-49  court finds that it is in the best interest of the child>, the
   5-50  standard order may expressly provide that the possessory
   5-51  conservator's period of possession shall begin or end, or both, at
   5-52  a different time expressly set in the standard order under and
   5-53  within the range of alternative times provided by one or both of
   5-54  the following subdivisions:
   5-55              (1)  instead of a period of possession by a possessory
   5-56  conservator beginning at 6 p.m. on the day school recesses, the
   5-57  period of possession may be set in the standard order to begin at
   5-58  the time the child's school is regularly dismissed <recesses> or at
   5-59  any time between the time the child's school is regularly dismissed
   5-60  <recesses> and 6 p.m.; and
   5-61              (2)  instead of a period of possession by a possessory
   5-62  conservator ending at 6 p.m. on the day before school resumes, the
   5-63  period of possession may be set in the standard order to end at the
   5-64  time school resumes or at <any time between> 6 p.m. on the day
   5-65  before school resumes <and the time that school resumes>.
   5-66        (j)  Application of Alternative Possession Times.  The
   5-67  alternative possession times provided by Subsection (i) of this
   5-68  section may be applied to regular weekend possession under
   5-69  Subsections (c)(1) and (f)(1) of this section and to holiday
   5-70  possession under Subsections (e)(1) through (4) and Subsections
    6-1  (f)(2) and (3) of this section, but Subsection (i)(2) of this
    6-2  section may not be applied to Christmas school vacation under
    6-3  Subsection (e)(1) of this section or Wednesday evening possession
    6-4  under Subsection (c)(2) of this section, and Subsection (i)(1) of
    6-5  this section may not be applied to Christmas school vacation under
    6-6  Subsection (e)(2) of this section.  Subsection (i)(1) of this
    6-7  section <but> may <not> be applied to Wednesday evening possession
    6-8  under Subsection (c)(2) of this section.
    6-9        (m)  Unusual Circumstances.  If the work schedule or other
   6-10  special circumstances of the managing conservator, the possessory
   6-11  conservator, or the child, or the child's year-round school
   6-12  schedule, make the standard possession order unworkable or
   6-13  inappropriate, the court shall render an order that grants periods
   6-14  of possession of the child as similar as possible to those provided
   6-15  by the standard order.
   6-16        SECTION 3.  Subsection (a), Section 14.01, Family Code, is
   6-17  amended to read as follows:
   6-18        (a)  In any suit affecting the parent-child relationship, the
   6-19  court may appoint a sole managing conservator or may appoint joint
   6-20  managing conservators<, and shall order reasonable terms and
   6-21  conditions for the implementation of the managing conservatorship>.
   6-22  A managing conservator must be a suitable, competent adult, or a
   6-23  parent, or an authorized agency.  If the court finds that the
   6-24  parents are or will be separated, the court shall appoint at least
   6-25  one <joint or sole> managing conservator.
   6-26        SECTION 4.  Subsection (a), Section 14.021, Family Code, is
   6-27  amended to read as follows:
   6-28        (a)  It is the policy of this state to assure that children
   6-29  will have frequent and continuing contact with parents who have
   6-30  shown the ability to act in the best interest of the child, to
   6-31  provide a stable environment for the child, and to encourage
   6-32  parents to share in the rights and responsibilities of raising
   6-33  their children after the parents have separated or dissolved their
   6-34  marriage.
   6-35        SECTION 5.  Subsections (c) and (d), Section 14.08, Family
   6-36  Code, are amended to read as follows:
   6-37        (c)  After a hearing, the court may modify an order or
   6-38  portion of a decree that:
   6-39              (1)  designates a sole managing conservator if:
   6-40                    (A)  the circumstances of the child, sole
   6-41  managing conservator, possessory conservator, or other party
   6-42  affected by the order or decree have materially and substantially
   6-43  changed since the date of the rendition of the order or decree to
   6-44  be modified; and
   6-45                    (B)  the retention of the present sole managing
   6-46  conservator would be injurious to the welfare of the child; and
   6-47                    (C)  the appointment of the new sole managing
   6-48  conservator would be a positive improvement for the child; or
   6-49              (2)  provides for the support of a child if the
   6-50  circumstances of the child or a person affected by the order or
   6-51  portion of the decree to be modified have materially and
   6-52  substantially changed since the date of its rendition, except that
   6-53  a support order may be modified only as to obligations accruing
   6-54  after the earlier of the date of service of citation or an
   6-55  appearance on the motion to modify; or
   6-56              (3)  sets the terms and conditions for possession of or
   6-57  access to a child, or prescribes the relative rights, privileges,
   6-58  duties, and powers of conservators if:
   6-59                    (A)  the circumstances of the child or a person
   6-60  affected by the order or portion of the decree to be modified have
   6-61  materially and substantially changed since the date of the
   6-62  rendition of the order or decree; or
   6-63                    (B)  the order or portion of the decree to be
   6-64  modified has become unworkable or inappropriate under existing
   6-65  circumstances; or
   6-66                    (C)  the notice required by Section 14.031 of
   6-67  this code was not given, or there was a change in a conservator's
   6-68  residence to a place outside the jurisdiction of the court.  If a
   6-69  change of residence results in increased expenses for any party
   6-70  having possession of or access to a child, the court may enter
    7-1  appropriate orders to allocate those increased costs on a fair and
    7-2  equitable basis, taking into account the cause of the increased
    7-3  costs and the best interests of the child.  The payment of
    7-4  increased costs by the party whose residence is changed is
    7-5  rebuttably presumed to be in the best interest of the child.  Such
    7-6  an order may be entered without regard to whether any other change
    7-7  in the terms and conditions of possession of or access to the child
    7-8  is made; or
    7-9              (4)  designates a sole managing conservator if the sole
   7-10  managing conservator has voluntarily relinquished possession and
   7-11  control of the child for a period of more than six months and the
   7-12  modification is in the best interest of the child; or
   7-13              (5)  designates a sole managing conservator if a parent
   7-14  of the child requests appointment as a joint managing conservator,
   7-15  and the court finds that:
   7-16                    (A)  the circumstances of the child or the sole
   7-17  managing conservator have materially and substantially changed
   7-18  since the rendition of the order or decree to be modified;
   7-19                    (B)  retention of a sole managing conservatorship
   7-20  would be detrimental to the welfare of the child; and
   7-21                    (C)  the appointment of the parent as a joint
   7-22  managing conservator would be a positive improvement for and in the
   7-23  best interest of the child.
   7-24        (d)  If the motion is filed for the purpose of changing the
   7-25  designation of the sole managing conservator and is filed within
   7-26  one year after the date of the rendition of the order or decree to
   7-27  be modified, there shall be attached to the motion an affidavit
   7-28  executed by the person making the motion.  The affidavit must
   7-29  contain, along with supporting facts, at least one of the following
   7-30  allegations that <along with the supportive facts>:
   7-31              (1)  <that> the child's present environment may
   7-32  endanger his physical health or significantly impair his emotional
   7-33  development; <or>
   7-34              (2)  <that> the sole managing conservator is the person
   7-35  seeking the modification or consents to the modification, and the
   7-36  modification is in the best interest of the child; or
   7-37              (3)  the child's sole managing conservator has
   7-38  voluntarily relinquished the actual care, control, and possession
   7-39  of the child for more than six months and the modification is in
   7-40  the best interest of the child.
   7-41        SECTION 6.  (a)  This Act takes effect September 1, 1993.
   7-42        (b)  This Act applies to an original or modified order in a
   7-43  suit affecting the parent-child relationship under Title 2, Family
   7-44  Code, made on or after that date.  The change made by this Act to
   7-45  Subsection (d), Section 14.08, Family Code, applies only to a
   7-46  proceeding under that section in which a hearing has not been held
   7-47  before the effective date of this Act.
   7-48        (c)  The enactment of the amendments made by this Act does
   7-49  not affect the validity or obligations, terms, and conditions of an
   7-50  order in a suit affecting the parent-child relationship made before
   7-51  the effective date of this Act, and this Act does not constitute a
   7-52  change of circumstances under Section 14.08, Family Code.
   7-53        SECTION 7.  The importance of this legislation and the
   7-54  crowded condition of the calendars in both houses create an
   7-55  emergency and an imperative public necessity that the
   7-56  constitutional rule requiring bills to be read on three several
   7-57  days in each house be suspended, and this rule is hereby suspended.
   7-58                               * * * * *
   7-59                                                         Austin,
   7-60  Texas
   7-61                                                         May 4, 1993
   7-62  Hon. Bob Bullock
   7-63  President of the Senate
   7-64  Sir:
   7-65  We, your Committee on Jurisprudence to which was referred S.B.
   7-66  No. 1416, have had the same under consideration, and I am
   7-67  instructed to report it back to the Senate with the recommendation
   7-68  that it do pass and be printed.
   7-69                                                         Henderson,
   7-70  Chairman
    8-1                               * * * * *
    8-2                               WITNESSES
    8-3                                                  FOR   AGAINST  ON
    8-4  ___________________________________________________________________
    8-5                                                  FOR   AGAINST  ON
    8-6  ___________________________________________________________________
    8-7  Name:  Stewart W. Gagnon                                       x
    8-8  Representing:  State Bar, Family Law Section
    8-9  City:  Austin
   8-10  -------------------------------------------------------------------
   8-11  Name:  Jimmy Boyd                                        x
   8-12  Representing:  Children's Rights Coalition
   8-13  City:  Austin
   8-14  -------------------------------------------------------------------