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.