By Harris                                             S.B. No. 1594
       74R3787 JMM-D
                                 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 14.021(e), Family Code, is amended to
    1-5  read as follows:
    1-6        (e)  If a written agreement of the parents is not filed with
    1-7  the court, the court may appoint the parents as joint managing
    1-8  conservators of the child in its decree <only> if the trier of fact
    1-9  finds <by a preponderance of the evidence> that the appointment is
   1-10  in the best interest of the child.  It is a rebuttable presumption
   1-11  that the appointment of the parents as joint managing conservators
   1-12  is in the best interest of the child.  A party may rebut the
   1-13  presumption by proposing an arrangement other than joint managing
   1-14  conservatorship.  In determining the best interest of the child,
   1-15  the trier of fact shall consider all of the following factors:
   1-16              (1)  whether the physical, psychological, or emotional
   1-17  needs and development of the child will benefit from the
   1-18  appointment of joint managing conservators;
   1-19              (2)  the ability of the parents to give first priority
   1-20  to the welfare of the child and reach shared decisions in the
   1-21  child's best interest;
   1-22              (3)  whether each parent can encourage and accept a
   1-23  positive relationship between the child and the other parent;
   1-24              (4)  whether both parents participated in child rearing
    2-1  before filing the suit;
    2-2              (5)  the geographical proximity of the homes of the
    2-3  parents;
    2-4              (6)  if the child is 12 years of age or older, any
    2-5  preference of the child for or against the appointment of joint
    2-6  managing conservators; and
    2-7              (7)  any other relevant factor.
    2-8        SECTION 2.  (a)  This Act takes effect September 1, 1995, and
    2-9  applies to a suit affecting the parent-child relationship:
   2-10              (1)  pending on that date;  or
   2-11              (2)  filed on or after that date.
   2-12        (b)  The enactment of this Act does not by itself constitute
   2-13  a material and substantial change of circumstances sufficient to
   2-14  warrant modification under Section 14.08 or 14.081, Family Code, of
   2-15  a court order or portion of a decree that provides for the
   2-16  appointment of a conservator or that sets the terms and conditions
   2-17  of conservatorship entered before the effective date of this Act.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.