Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Serna                                        H.B. No. 2594

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to best interest of the child in a suit affecting the

 1-3     parent-child relationship.

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

 1-5           SECTION 1.  Section 153.002, Family Code, is amended to read

 1-6     as follows:

 1-7           (a)  The best interest of the child shall always be the

 1-8     primary consideration of the court in determining the issues of

 1-9     conservatorship and possession of and access to the child.

1-10           (b)  The following factors shall be evaluated by the court

1-11     when rendering a decision on conservatorship and possession of and

1-12     access to the child, and the evaluation shall become part of the

1-13     record of this case:

1-14                 (1)  child's wishes as to conservatorship,

1-15                 (2)  child's special needs,

1-16                 (3)  parenting ability of both parents,

1-17                 (4)  temperament of both parents,

1-18                 (5)  ability of both parents to provide the child with

1-19     a safe and suitable environment, and

1-20                 (6)  whether one or both parents demonstrated a

1-21     pre-litigation pattern of attending to the needs of the child in

1-22     the areas of nurturing, daily care, medical and dental care,

1-23     nutrition, clothing requirements, religious or moral training,

1-24     school involvement, homework participation, extracurricular

 2-1     involvement, entertainment, and quality time spent with the child.

 2-2           (c)  The court shall evaluate the above factors without

 2-3     regard to the financial status of the parents.

 2-4           SECTION 2.  This Act takes effect September 1, 1997.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.