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.
2-21 * * * * *