By Talton                                              H.B. No. 988
         76R2836 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the designation of a primary physical residence for a
 1-3     child in an order of joint managing conservatorship of the child.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 153.136, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 153.136.  COURT DESIGNATION OF PRIMARY PHYSICAL
 1-8     RESIDENCE.  (a)  If joint managing conservatorship is ordered, the
 1-9     best interest of the child ordinarily requires the court to
1-10     designate a primary physical residence for the child.
1-11           (b)  Before the court designates a primary physical residence
1-12     for the child, the court shall consider the best interest of the
1-13     child, including:
1-14                 (1)  the ability of the parents to give first priority
1-15     to the welfare of the child and reach shared decisions in the
1-16     child's best interest;
1-17                 (2)  whether each parent can encourage and accept a
1-18     positive relationship between the child and the other parent;
1-19                 (3)  whether both parents participated in child rearing
1-20     before the filing of the suit;
1-21                 (4)  the geographical proximity of the parents'
1-22     residences;
1-23                 (5)  if the child is 10 years of age or older, the
1-24     child's preference, if any, regarding the appointment of joint
 2-1     managing conservators;
 2-2                 (6)  which parent is more likely to allow the child
 2-3     frequent and continuing contact with the other parent and to
 2-4     facilitate and encourage a close and continuing parent-child
 2-5     relationship between the child and the other parent; and
 2-6                 (7)  any other relevant factor.
 2-7           SECTION 2.  This Act takes effect September 1, 1999, and
 2-8     applies only to a suit affecting the parent-child relationship
 2-9     filed on or after that date.  A suit affecting the parent-child
2-10     relationship filed before the effective date of this Act is
2-11     governed by the law in effect on the date the suit was filed, and
2-12     the former law is continued in effect for that purpose.
2-13           SECTION 3.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended.