By Zbranek                                      H.B. No. 2415

      75R4724 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to determining the residency of a child for establishing

 1-3     venue in original suits affecting the parent-child relationship.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 103.001, Family Code, is amended by

 1-6     amending Subsection (c) and adding Subsection (d) to read as

 1-7     follows:

 1-8           (c)  A child resides in the county where the child's parents

 1-9     have resided for six months or longer [reside] or the child's

1-10     parent has resided for six months or longer [resides], if only one

1-11     parent is living, except that:

1-12                 (1)  if a guardian of the person has been appointed by

1-13     order of a county or probate court and a managing conservator has

1-14     not been appointed, the child resides in the county where the

1-15     guardian of the person has resided for six months or longer

1-16     [resides];

1-17                 (2)  if the parents of the child do not reside in the

1-18     same county and if a managing conservator, custodian, or guardian

1-19     of the person has not been appointed, the child resides in the

1-20     county where the parent having actual care, control, and possession

1-21     of the child has resided for six months or longer [resides];

1-22                 (3)  if the child is in the care and control of an

1-23     adult other than a parent and a managing conservator, custodian, or

1-24     guardian of the person has not been appointed, the child resides

 2-1     where the adult having actual care, control, and possession of the

 2-2     child has resided for six months or longer [resides];

 2-3                 (4)  if the child is in the actual care, control, and

 2-4     possession of an adult other than a parent and the whereabouts of

 2-5     the parent and the guardian of the person is unknown, the child

 2-6     resides where the adult having actual possession, care, and control

 2-7     of the child has resided for six months or longer [resides];

 2-8                 (5)  if the person whose residence would otherwise

 2-9     determine venue has left the child in the care and control of the

2-10     adult, the child resides where that adult has resided for six

2-11     months or longer [resides];

2-12                 (6)  if a guardian or custodian of the child has been

2-13     appointed by order of a court of another state or country, the

2-14     child resides in the county where the guardian or custodian has

2-15     resided for six months or longer [resides] if that person resides

2-16     in this state; or

2-17                 (7)  if it appears that the child is not under the

2-18     actual care, control, and possession of an adult, the child resides

2-19     where the child is found.

2-20           (d)  If a person whose residence is used to establish the

2-21     residence of the child under Subsection (c) has not resided

2-22     continuously for six months during the preceding two-year period in

2-23     a single place, the residence of the child is the place where the

2-24     person has resided the longest period during the life of the child.

2-25           SECTION 2.  This Act takes effect September 1, 1997, and

2-26     applies only to a suit affecting the parent-child relationship that

2-27     is filed on or after that date.

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

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.