By:  Harris                                            S.B. No. 147
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the designation of the primary physical residence of a
 1-2     child in a suit affecting the parent-child relationship.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 153.136, Family Code, is amended to read
 1-5     as follows:
 1-6           Sec. 153.136.  COURT DESIGNATION OF PRIMARY PHYSICAL
 1-7     RESIDENCE.  (a)  If joint managing conservatorship is ordered, the
 1-8     best interest of the child ordinarily requires the court to
 1-9     designate a primary physical residence for the child.
1-10           (b)  In designating the primary physical residence of the
1-11     child, the court shall consider as one factor favoring the
1-12     designation of a parent's residence as the primary physical
1-13     residence whether the parent is more likely to allow the child
1-14     frequent and continuing contact with the other parent and to
1-15     facilitate and encourage a close and continuing parent-child
1-16     relationship between the child and the other parent.
1-17           (c)  The court may not designate as the child's primary
1-18     physical residence the residence of a parent if credible evidence
1-19     is presented of a history or pattern of past or present child
1-20     neglect or physical or sexual abuse by that parent against the
1-21     other parent, a spouse, or a child.
1-22           SECTION 2.  This Act takes effect September 1, 1999, and
1-23     applies only to a suit affecting the parent-child relationship
1-24     filed on or after that date.  A suit affecting the parent-child
 2-1     relationship filed before the effective date of this Act is
 2-2     governed by the law in effect on the date the suit was filed, and
 2-3     the former law is continued in effect for that purpose.
 2-4           SECTION 3.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended.