1-1 By: Harris S.B. No. 147 1-2 (In the Senate - Filed January 12, 1999; January 28, 1999, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 February 11, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 4, Nays 0; February 11, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Harris 1-7 Amend S.B. No. 147 as follows: 1-8 (1) On page 1, line 32, add Subsection (c) as follows: 1-9 (c) The court may not designate as the child's primary 1-10 physical residence the residence of a parent if credible evidence 1-11 is presented of a history or pattern of past or present child 1-12 neglect or physical or sexual abuse by that parent against the 1-13 other parent, a spouse, or a child. 1-14 A BILL TO BE ENTITLED 1-15 AN ACT 1-16 relating to the designation of the primary physical residence of a 1-17 child in a suit affecting the parent-child relationship. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Section 153.136, Family Code, is amended to read 1-20 as follows: 1-21 Sec. 153.136. COURT DESIGNATION OF PRIMARY PHYSICAL 1-22 RESIDENCE. (a) If joint managing conservatorship is ordered, the 1-23 best interest of the child ordinarily requires the court to 1-24 designate a primary physical residence for the child. 1-25 (b) In designating the primary physical residence of the 1-26 child, the court shall consider as one factor favoring the 1-27 designation of a parent's residence as the primary physical 1-28 residence whether the parent is more likely to allow the child 1-29 frequent and continuing contact with the other parent and to 1-30 facilitate and encourage a close and continuing parent-child 1-31 relationship between the child and the other parent. 1-32 SECTION 2. This Act takes effect September 1, 1999, and 1-33 applies only to a suit affecting the parent-child relationship 1-34 filed on or after that date. A suit affecting the parent-child 1-35 relationship filed before the effective date of this Act is 1-36 governed by the law in effect on the date the suit was filed, and 1-37 the former law is continued in effect for that purpose. 1-38 SECTION 3. The importance of this legislation and the 1-39 crowded condition of the calendars in both houses create an 1-40 emergency and an imperative public necessity that the 1-41 constitutional rule requiring bills to be read on three several 1-42 days in each house be suspended, and this rule is hereby suspended. 1-43 * * * * *