By Gallego                                            H.B. No. 1071
         76R4462 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the designation of the primary residence of certain
 1-3     children.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 153.133(a), Family Code, is amended to
 1-6     read as follows:
 1-7           (a)  If a written agreement of the parents is filed with the
 1-8     court, the court shall render an order appointing the parents as
 1-9     joint managing conservators only if the agreement:
1-10                 (1)  [establishes the county of residence of the child
1-11     until modified by further order, or] designates the conservator who
1-12     has the exclusive right to establish the primary residence of the
1-13     child;
1-14                 (2)  specifies the rights and duties of each parent
1-15     regarding the child's physical care, support, and education;
1-16                 (3)  includes provisions to minimize disruption of the
1-17     child's education, daily routine, and association with friends;
1-18                 (4)  allocates between the parents, independently,
1-19     jointly, or exclusively, all of the remaining rights and duties of
1-20     a parent provided by Chapter 151;
1-21                 (5)  is voluntarily and knowingly made by each parent
1-22     and has not been repudiated by either parent at the time the order
1-23     is rendered; and
1-24                 (6)  is in the best interest of the child.
 2-1           SECTION 2.  Section 153.134(b), Family Code, is amended to
 2-2     read as follows:
 2-3           (b)  In rendering an order appointing joint managing
 2-4     conservators, the court shall:
 2-5                 (1)  [establish the county of residence of the child
 2-6     until altered by further order, or] designate the conservator who
 2-7     has the exclusive right to determine the primary residence of the
 2-8     child;
 2-9                 (2)  specify the rights and duties of each parent
2-10     regarding the child's physical care, support, and education;
2-11                 (3)  include provisions to minimize disruption of the
2-12     child's education, daily routine, and association with friends;
2-13                 (4)  allocate between the parents, independently,
2-14     jointly, or exclusively, all of the remaining rights and duties of
2-15     a parent as provided by Chapter 151; and
2-16                 (5)  if feasible, recommend that the parties use an
2-17     alternative dispute resolution method before requesting enforcement
2-18     or modification of the terms and conditions of the joint
2-19     conservatorship through litigation, except in an emergency.
2-20           SECTION 3.  (a)  This Act takes effect September 1, 1999, and
2-21     applies only to an order in a suit affecting the parent-child
2-22     relationship rendered on or after that date, without regard to
2-23     whether the suit was filed before, on, or after that date.
2-24           (b)  The enactment of this Act does not by itself constitute
2-25     a material and substantial change of circumstances under Section
2-26     156.401, Family Code, sufficient to warrant modification of a court
2-27     order or portion of a decree that provides for the possession of or
 3-1     access to a child rendered before the effective date of this Act.
 3-2           SECTION 4.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended.