By Ellis S.B. No. 1711
76R5519 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a suit for modification of an order that designates a
1-3 sole or joint managing conservator of a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 156, Family Code, is
1-6 amended by adding Section 156.007 to read as follows:
1-7 Sec. 156.007. PRESUMPTION OF JOINT MANAGING CONSERVATORSHIP.
1-8 (a) In a suit for modification under Subchapter B or C, the court
1-9 shall consider that it is a rebuttable presumption that the
1-10 appointment of the parents of the child as joint managing
1-11 conservators is in the best interest of the child.
1-12 (b) A finding of a history of family violence involving the
1-13 parents of a child removes the presumption under this section.
1-14 SECTION 2. (a) This Act takes effect September 1, 1999, and
1-15 applies to a suit for modification of an order providing for
1-16 conservatorship of a child pending on that date or filed on or
1-17 after that date.
1-18 (b) The enactment of this Act does not by itself constitute
1-19 a material and substantial change of circumstances under Chapter
1-20 156, Family Code, sufficient to warrant modification of a court
1-21 order or portion of a decree that provides for the appointment of a
1-22 conservator rendered before the effective date of this Act.
1-23 SECTION 3. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.