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                                  * * * * *