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.