By Goodman, Naishtat H.B. No. 2353
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 and:
1-14 (A) establishes, until modified by further
1-15 order, the geographic area within which the conservator shall
1-16 maintain the child's primary residence; or
1-17 (B) specifies that the conservator may establish
1-18 the child's primary residence without regard to geographic
1-19 location;
1-20 (2) specifies the rights and duties of each parent
1-21 regarding the child's physical care, support, and education;
1-22 (3) includes provisions to minimize disruption of the
1-23 child's education, daily routine, and association with friends;
1-24 (4) allocates between the parents, independently,
2-1 jointly, or exclusively, all of the remaining rights and duties of
2-2 a parent provided by Chapter 151;
2-3 (5) is voluntarily and knowingly made by each parent
2-4 and has not been repudiated by either parent at the time the order
2-5 is rendered; and
2-6 (6) is in the best interest of the child.
2-7 SECTION 2. Section 153.134(b), Family Code, is amended to
2-8 read as follows:
2-9 (b) In rendering an order appointing joint managing
2-10 conservators, the court shall:
2-11 (1) [establish the county of residence of the child
2-12 until altered by further order, or] designate the conservator who
2-13 has the exclusive right to determine the primary residence of the
2-14 child and:
2-15 (A) establish, until modified by further order,
2-16 a geographic area consisting of the county in which the court is
2-17 located and five adjacent counties within which the conservator
2-18 shall maintain the child's primary residence; or
2-19 (B) specify that the conservator may determine
2-20 the child's primary residence without regard to geographic
2-21 location;
2-22 (2) specify the rights and duties of each parent
2-23 regarding the child's physical care, support, and education;
2-24 (3) include provisions to minimize disruption of the
2-25 child's education, daily routine, and association with friends;
2-26 (4) allocate between the parents, independently,
2-27 jointly, or exclusively, all of the remaining rights and duties of
3-1 a parent as provided by Chapter 151; and
3-2 (5) if feasible, recommend that the parties use an
3-3 alternative dispute resolution method before requesting enforcement
3-4 or modification of the terms and conditions of the joint
3-5 conservatorship through litigation, except in an emergency.
3-6 SECTION 3. (a) This Act takes effect September 1, 1999, and
3-7 applies to an order in a suit affecting the parent-child
3-8 relationship rendered on or after that date regardless of the date
3-9 the suit was filed.
3-10 (b) The enactment of this Act does not by itself constitute
3-11 a material and substantial change of circumstances sufficient to
3-12 warrant modification of a court order or portion of a decree that
3-13 provides for the possession of or access to a child rendered before
3-14 the effective date of this Act.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.