1-1     By:  Patterson                                         S.B. No. 947

 1-2           (In the Senate - Filed March 5, 1997; March 10, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     March 26, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0; March 26, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 947                    By:  Ogden

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the designation of a primary physical residence for a

1-11     child in an order of joint managing conservatorship of the child.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 153.136, Family Code, is amended to read

1-14     as follows:

1-15           Sec. 153.136.  COURT DESIGNATION OF PRIMARY PHYSICAL

1-16     RESIDENCE.  (a)  If joint managing conservatorship is ordered, the

1-17     best interest of the child ordinarily requires the court to

1-18     designate a primary physical residence for the child.

1-19           (b)  If the court designates a primary physical residence for

1-20     the child, the court shall give preference to the residence of the

1-21     parent who is more likely to allow the child frequent and

1-22     continuing contact with the other parent and to facilitate and

1-23     encourage a close and continuing parent-child relationship between

1-24     the child and the other parent.

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

1-26     applies only to a suit affecting the parent-child relationship

1-27     filed on or after that date.  A suit affecting the parent-child

1-28     relationship filed before the effective date of this Act is

1-29     governed by the law in effect on the date the suit was filed, and

1-30     the former law is continued in effect for that purpose.

1-31           SECTION 3.  The importance of this legislation and the

1-32     crowded condition of the calendars in both houses create an

1-33     emergency and an imperative public necessity that the

1-34     constitutional rule requiring bills to be read on three several

1-35     days in each house be suspended, and this rule is hereby suspended.

1-36                                  * * * * *