1-1     By:  Goodman, Naishtat (Senate Sponsor - Harris)      H.B. No. 2353
 1-2           (In the Senate - Received from the House April 14, 1999;
 1-3     April 15, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 5, 1999, reported favorably, as amended, by the
 1-5     following vote:  Yeas 4, Nays 0; May 5, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Harris
 1-7     (1)  In H.B. 2353, House engrossed version, in Section 2 of the
 1-8     bill, Sec. 153.134(b)(1)(A), after the phrase "a geographic area
 1-9     consisting of", strike the words "the county in which the court is
1-10     located and five adjacent counties", and replace the words struck
1-11     with the following:  "a geographic area consisting of the county in
1-12     which the child is to reside and any contiguous county thereto".
1-13                            A BILL TO BE ENTITLED
1-14                                   AN ACT
1-15     relating to the designation of the primary residence of certain
1-16     children.
1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18           SECTION 1.  Section 153.133(a), Family Code, is amended to
1-19     read as follows:
1-20           (a)  If a written agreement of the parents is filed with the
1-21     court, the court shall render an order appointing the parents as
1-22     joint managing conservators only if the agreement:
1-23                 (1)  [establishes the county of residence of the child
1-24     until modified by further order, or] designates the conservator who
1-25     has the exclusive right to establish the primary residence of the
1-26     child and:
1-27                       (A)  establishes, until modified by further
1-28     order, the geographic area within which the conservator shall
1-29     maintain the child's primary residence; or
1-30                       (B)  specifies that the conservator may establish
1-31     the child's primary residence without regard to geographic
1-32     location;
1-33                 (2)  specifies the rights and duties of each parent
1-34     regarding the child's physical care, support, and education;
1-35                 (3)  includes provisions to minimize disruption of the
1-36     child's education, daily routine, and association with friends;
1-37                 (4)  allocates between the parents, independently,
1-38     jointly, or exclusively, all of the remaining rights and duties of
1-39     a parent provided by Chapter 151;
1-40                 (5)  is voluntarily and knowingly made by each parent
1-41     and has not been repudiated by either parent at the time the order
1-42     is rendered; and
1-43                 (6)  is in the best interest of the child.
1-44           SECTION 2.  Section 153.134(b), Family Code, is amended to
1-45     read as follows:
1-46           (b)  In rendering an order appointing joint managing
1-47     conservators, the court shall:
1-48                 (1)  [establish the county of residence of the child
1-49     until altered by further order, or] designate the conservator who
1-50     has the exclusive right to determine the primary residence of the
1-51     child and:
1-52                       (A)  establish, until modified by further order,
1-53     a geographic area consisting of the county in which the court is
1-54     located and five adjacent counties within which the conservator
1-55     shall maintain the child's primary residence; or
1-56                       (B)  specify that the conservator may determine
1-57     the child's primary residence without regard to geographic
1-58     location;
1-59                 (2)  specify the rights and duties of each parent
1-60     regarding the child's physical care, support, and education;
1-61                 (3)  include provisions to minimize disruption of the
1-62     child's education, daily routine, and association with friends;
1-63                 (4)  allocate between the parents, independently,
 2-1     jointly, or exclusively, all of the remaining rights and duties of
 2-2     a parent as provided by Chapter 151; and
 2-3                 (5)  if feasible, recommend that the parties use an
 2-4     alternative dispute resolution method before requesting enforcement
 2-5     or modification of the terms and conditions of the joint
 2-6     conservatorship through litigation, except in an emergency.
 2-7           SECTION 3.  (a)  This Act takes effect September 1, 1999, and
 2-8     applies  to  an order in a suit affecting the parent-child
 2-9     relationship rendered on or after that date regardless of the date
2-10     the suit was filed.
2-11           (b)  The enactment of this Act does not by itself constitute
2-12     a material  and  substantial change of circumstances sufficient to
2-13     warrant modification of a court order or portion of a  decree  that
2-14     provides for the possession of or access to a child rendered before
2-15     the effective date of this Act.
2-16           SECTION 4.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.
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