1-1     By:  Goodman, et al. (Senate Sponsor - Harris)         H.B. No. 646

 1-2           (In the Senate - Received from the House April 1, 1997;

 1-3     April 2, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; April 29, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; April 29, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to jury submissions in a suit affecting the parent-child

 1-9     relationship.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 105.002, Family Code, is amended by

1-12     amending Subsection (c) and adding Subsection (d) to read as

1-13     follows:

1-14           (c)  In a jury trial:

1-15                 (1)  a party is entitled to a verdict by the jury on

1-16     the issues of:

1-17                       (A)  the appointment of a managing conservator;

1-18                       (B)  the appointment of joint managing

1-19     conservators;

1-20                       (C)  the appointment of a possessory conservator;

1-21     and

1-22                       (D)  the determination of the primary residence

1-23     of the child;

1-24                 (2)  a party is not entitled to a jury verdict on the

1-25     issues of:

1-26                       (A)  child support;

1-27                       (B)  a specific term or condition of possession

1-28     of or access to the child; or

1-29                       (C)  any right or duty of a possessory or

1-30     managing conservator, other than the issue of primary residence

1-31     determined under Subdivision (1)(D); and

1-32                 (3)  the court may submit to the jury an issue

1-33     described by Subdivision (2) [The court may not render an order

1-34     that contravenes the verdict of the jury, except with respect to

1-35     the issues of the specific terms and conditions of possession of

1-36     and access to the child, support of the child, and the rights,

1-37     privileges, duties, and powers of sole managing conservators, joint

1-38     managing conservators, or possessory conservators, on which the

1-39     court may submit or refuse to submit issues to the jury as the

1-40     court determines appropriate, and on which issues the jury verdict

1-41     is advisory only].

1-42           (d)  The court may not contravene a jury verdict on an issue

1-43     submitted under Subsection (c)(1).  A jury verdict on an issue

1-44     submitted under Subsection (c)(3) is advisory only.

1-45           SECTION 2.  This Act takes effect September 1, 1997, and

1-46     applies only to a suit in which the trial on the merits has not

1-47     begun on that date, a suit in which a trial has been held and a new

1-48     trial is ordered on or after that date, and a suit filed on or

1-49     after that date.  The fact of the enactment of this Act is not a

1-50     ground for a new trial.

1-51           SECTION 3.  The importance of this legislation and the

1-52     crowded condition of the calendars in both houses create an

1-53     emergency and an imperative public necessity that the

1-54     constitutional rule requiring bills to be read on three several

1-55     days in each house be suspended, and this rule is hereby suspended.

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