By Goodman H.B. No. 3268
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to best interest of the child in a suit affecting the
1-3 parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 153.002, Family Code, is amended to read
1-6 as follows:
1-7 (a) The best interest of the child shall always be the
1-8 primary consideration of the court in determining the issues of
1-9 conservatorship and possession of and access to the child.
1-10 (b) The following factors shall be evaluated by the court
1-11 when rendering a decision on conservatorship and possession of or
1-12 access to the child, and the evaluation shall become part of the
1-13 record of this case:
1-14 (1) child's wishes as to conservatorship;
1-15 (2) child's special needs;
1-16 (3) parenting ability of both parents;
1-17 (4) ability of both parents to provide the child with
1-18 a safe and suitable environment;
1-19 (5) ability of both parents to give first priority to
1-20 the welfare of the child and the child's best interest;
1-21 (6) ability of both parents to encourage a positive
2-1 relationship between the child and the other parent;
2-2 (7) whether both parents demonstrated a pre-litigation
2-3 pattern of participation in child rearing; and
2-4 (8) any other factor which the court considers to be
2-5 relevant in determining best interest of a child.
2-6 (c) The court shall evaluate the above factors without
2-7 regard to the financial status of the parents.
2-8 SECTION 2. This Act takes effect September 1, 1999.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.