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.