By: Ellis S.B. No. 1711
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a suit for modification of an order that designates a
1-2 sole or joint managing conservator of a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 156, Family Code, is
1-5 amended by adding Section 156.007 to read as follows:
1-6 Sec. 156.007. PRESUMPTION OF JOINT MANAGING CONSERVATORSHIP.
1-7 (a) In a suit for modification under Subchapter B or C, the court
1-8 shall consider that it is a rebuttable presumption that the
1-9 appointment of the parents of the child as joint managing
1-10 conservators is in the best interest of the child.
1-11 (b) A finding of a history of family violence involving the
1-12 parents of a child removes the presumption under this section.
1-13 SECTION 2. Section 156.104, Family Code, is amended to read
1-14 as follows:
1-15 Sec. 156.104. MODIFICATION FROM SOLE MANAGING
1-16 CONSERVATORSHIP TO JOINT MANAGING CONSERVATORSHIP. (a) The court
1-17 may modify an order that designates a sole managing conservator if
1-18 a parent of the child requests appointment as a joint managing
1-19 conservator and the court finds that[:]
1-20 [(1) the circumstances of the child or the sole
1-21 managing conservator have materially and substantially changed
1-22 since the rendition of the order;]
1-23 [(2) retention of a sole managing conservatorship
1-24 would be detrimental to the welfare of the child; and]
2-1 [(3)] the appointment of the parents [parent] as [a]
2-2 joint managing conservators [conservator] would be a positive
2-3 improvement for and in the best interest of the child.
2-4 (b) If the court modifies a sole managing conservatorship to
2-5 a joint managing conservatorship, the court shall designate the
2-6 parent who was previously sole managing conservator as the joint
2-7 managing conservator who has the exclusive right to determine the
2-8 primary residence of the child unless the court finds that:
2-9 (1) the circumstances of the child or a parent have
2-10 materially and substantially changed since the date of the
2-11 rendition of the order designating a sole managing conservator; and
2-12 (2) the designation of the parent who was previously
2-13 possessory conservator as the joint managing conservator who has
2-14 the exclusive right to determine the primary residence of the child
2-15 would be a positive improvement for and in the best interest of the
2-16 child.
2-17 (c) An order of joint conservatorship, in and of itself,
2-18 does not constitute grounds for modifying a support order.
2-19 SECTION 3. Section 156.301, Family Code, is amended to read
2-20 as follows:
2-21 Sec. 156.301. GROUNDS FOR MODIFICATION OF POSSESSION AND
2-22 ACCESS. The court may modify an order that sets the terms and
2-23 conditions for possession of or access to a child or that
2-24 prescribes the relative rights, privileges, duties, and powers of
2-25 conservators if:
2-26 (1) the circumstances of the child or a person
3-1 affected by the order have materially and substantially changed
3-2 since the date of the rendition of the order;
3-3 (2) the order has become unworkable or inappropriate
3-4 under existing circumstances;
3-5 (3) the notice of change of a conservator's residence
3-6 required by Chapter 105 [153] was not given or there was a change
3-7 in a conservator's residence to a place outside this state; [or]
3-8 (4) a conservator has repeatedly failed to give notice
3-9 of an inability to exercise possessory rights; or
3-10 (5) the court has modified an order that designates a
3-11 sole managing conservator as provided by Section 156.104.
3-12 SECTION 4. (a) This Act takes effect September 1, 1999, and
3-13 applies to a suit for modification of an order providing for
3-14 conservatorship of or for possession of or access to a child
3-15 pending on that date or filed on or after that date.
3-16 (b) The enactment of this Act does not by itself constitute
3-17 a material and substantial change of circumstances under Chapter
3-18 156, Family Code, sufficient to warrant modification of a court
3-19 order or portion of a decree that provides for the appointment of a
3-20 conservator or for possession of or access to a child rendered
3-21 before the effective date of this Act.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.