By:  Patterson, Ellis                                  S.B. No. 947

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the designation of a primary physical residence for a

 1-2     child in an order of joint managing conservatorship of the child.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 153.136, Family Code, is amended to read

 1-5     as follows:

 1-6           Sec. 153.136.  COURT DESIGNATION OF PRIMARY PHYSICAL

 1-7     RESIDENCE.  (a)  If joint managing conservatorship is ordered, the

 1-8     best interest of the child ordinarily requires the court to

 1-9     designate a primary physical residence for the child.

1-10           (b)  Before the court designates a primary physical residence

1-11     for the child, the court shall consider the best interest of the

1-12     child, including:

1-13                 (1)  whether the physical, psychological, or emotional

1-14     needs and development of the child will benefit from the

1-15     appointment of joint managing conservators;

1-16                 (2)  the ability of the parents to give first priority

1-17     to the welfare of the child and reach shared decisions in the

1-18     child's best interest;

1-19                 (3)  whether each parent can encourage and accept a

1-20     positive relationship between the child and the other parent;

1-21                 (4)  whether both parents participated in child rearing

1-22     before the filing of the suit;

1-23                 (5)  the geographical proximity of the parents'

 2-1     residences;

 2-2                 (6)  if the child is 12 years of age or older, the

 2-3     child's preference, if any, regarding the appointment of joint

 2-4     managing conservators;

 2-5                 (7)  which parent is more likely to allow the child

 2-6     frequent and continuing contact with the other parent and to

 2-7     facilitate and encourage a close and continuing parent-child

 2-8     relationship between the child and the other parent; and

 2-9                 (8)  any other relevant factor.

2-10           SECTION 2.  This Act takes effect September 1, 1997, and

2-11     applies only to a suit affecting the parent-child relationship

2-12     filed on or after that date.  A suit affecting the parent-child

2-13     relationship filed before the effective date of this Act is

2-14     governed by the law in effect on the date the suit was filed, and

2-15     the former law is continued in effect for that purpose.

2-16           SECTION 3.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.

2-21                          COMMITTEE AMENDMENT NO. 1

2-22           Amend SB 947 as follows:  on page 1, strike lines 13-15 and

2-23     renumber remaining sections appropriately.

2-24           Amend SB 947:  on page 2 line 2 strike "12" and insert "10"

2-25                                                                 Goodman