By:  Harris                                           S.B. No. 1594
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the joint managing conservatorship of a child.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subsection (e), Section 14.021, Family Code, is
    1-4  amended to read as follows:
    1-5        (e)  If a written agreement of the parents is not filed with
    1-6  the court, the court may appoint the parents as joint managing
    1-7  conservators of the child in its decree <only> if the trier of fact
    1-8  finds <by a preponderance of the evidence> that the appointment is
    1-9  in the best interest of the child.  It is a rebuttable presumption
   1-10  that the appointment of the parents as joint managing conservators
   1-11  is in the best interest of the child.  In determining the best
   1-12  interest of the child, the trier of fact shall consider all of the
   1-13  following factors:
   1-14              (1)  whether the physical, psychological, or emotional
   1-15  needs and development of the child will benefit from the
   1-16  appointment of joint managing conservators;
   1-17              (2)  the ability of the parents to give first priority
   1-18  to the welfare of the child and reach shared decisions in the
   1-19  child's best interest;
   1-20              (3)  whether each parent can encourage and accept a
   1-21  positive relationship between the child and the other parent;
   1-22              (4)  whether both parents participated in child rearing
   1-23  before filing the suit;
   1-24              (5)  the geographical proximity of the homes of the
    2-1  parents;
    2-2              (6)  if the child is 12 years of age or older, any
    2-3  preference of the child for or against the appointment of joint
    2-4  managing conservators; <and>
    2-5              (7)  whether, according to evidence presented to the
    2-6  court, one parent has committed family violence against the other
    2-7  parent; and
    2-8              (8)  any other relevant factor.
    2-9        SECTION 2.  (a)  This Act takes effect September 1, 1995, and
   2-10  applies to a suit affecting the parent-child relationship:
   2-11              (1)  pending on that date; or
   2-12              (2)  filed on or after that date.
   2-13        (b)  The enactment of this Act does not by itself constitute
   2-14  a material and substantial change of circumstances sufficient to
   2-15  warrant modification under Section 14.08 or 14.081, Family Code, of
   2-16  a court order or portion of a decree that provides for the
   2-17  appointment of a conservator or that sets the terms and conditions
   2-18  of conservatorship entered before the effective date of this Act.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.