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