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.