By Harris S.B. No. 1594
Substitute the following for S.B. No. 1594:
By Cook C.S.S.B. No. 1594
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the joint managing conservatorship of a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 153.131, Family Code, as added by House
1-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-6 amended to read as follows:
1-7 Sec. 153.131. PRESUMPTION THAT PARENT TO BE APPOINTED
1-8 MANAGING CONSERVATOR. (a) Unless the court finds that appointment
1-9 of the parent or parents would not be in the best interest of the
1-10 child because the appointment would significantly impair the
1-11 child's physical health or emotional development, a parent shall be
1-12 appointed sole managing conservator or both parents shall be
1-13 appointed as joint managing conservators of the child.
1-14 (b) It is a rebuttable presumption that the appointment of
1-15 the parents as joint managing conservators is in the best interest
1-16 of the child.
1-17 SECTION 2. (a) This Act takes effect September 1, 1995, and
1-18 applies to a suit affecting the parent-child relationship:
1-19 (1) pending on that date; or
1-20 (2) filed on or after that date.
1-21 (b) The enactment of this Act does not by itself constitute
1-22 a material and substantial change of circumstances sufficient to
1-23 warrant modification under Chapter 156, Family Code, of a court
1-24 order or portion of a decree that provides for the appointment of a
2-1 conservator or that sets the terms and conditions of
2-2 conservatorship entered before the effective date of this Act.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.