1-1     By:  Ellis                                            S.B. No. 1711
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 28, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 28, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1711                   By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to a suit for modification of an order that designates a
1-11     sole or joint managing conservator of a child.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter A, Chapter 156, Family Code, is
1-14     amended by adding Section 156.007 to read as follows:
1-15           Sec. 156.007.  PRESUMPTION OF JOINT MANAGING CONSERVATORSHIP.
1-16     (a)  In a suit for modification under Subchapter B or C, the court
1-17     shall consider that it is a rebuttable presumption that the
1-18     appointment of the parents of the child as joint managing
1-19     conservators is in the best interest of the child.
1-20           (b)  A finding of a history of family violence involving the
1-21     parents of a child removes the presumption under this section.
1-22           SECTION 2.  Section 156.104, Family Code, is amended to read
1-23     as follows:
1-24           Sec. 156.104.  MODIFICATION FROM SOLE MANAGING
1-25     CONSERVATORSHIP TO JOINT MANAGING CONSERVATORSHIP.  (a)  The court
1-26     may modify an order that designates a sole managing conservator if
1-27     a parent of the child requests appointment as a joint managing
1-28     conservator and the court finds that[:]
1-29                 [(1)  the circumstances of the child or the sole
1-30     managing conservator have materially and substantially changed
1-31     since the rendition of the order;]
1-32                 [(2)  retention of a sole managing conservatorship
1-33     would be detrimental to the welfare of the child; and]
1-34                 [(3)]  the appointment of the parents [parent] as [a]
1-35     joint managing conservators [conservator] would be a positive
1-36     improvement for and in the best interest of the child.
1-37           (b)  If the court modifies a sole managing conservatorship to
1-38     a joint managing conservatorship, the court shall designate the
1-39     parent who was previously sole managing conservator as the joint
1-40     managing conservator who has the exclusive right to determine the
1-41     primary residence of the child unless the court finds that:
1-42                 (1)  the circumstances of the child or a parent have
1-43     materially and substantially changed since the date of the
1-44     rendition of the order designating a sole managing conservator; and
1-45                 (2)  the designation of the parent who was previously
1-46     possessory conservator as the joint managing conservator who has
1-47     the exclusive right to determine the primary residence of the child
1-48     would be a positive improvement for and in the best interest of the
1-49     child.
1-50           (c)  An order of joint conservatorship, in and of itself,
1-51     does not constitute grounds for modifying a support order.
1-52           SECTION 3.  Section 156.301, Family Code, is amended to read
1-53     as follows:
1-54           Sec. 156.301.  GROUNDS FOR MODIFICATION OF POSSESSION AND
1-55     ACCESS.  The court may modify an order that sets the terms and
1-56     conditions for possession of or access to a child or that
1-57     prescribes the relative rights, privileges, duties, and powers of
1-58     conservators if:
1-59                 (1)  the circumstances of the child or a person
1-60     affected by the order have materially and substantially changed
1-61     since the date of the rendition of the order;
1-62                 (2)  the order has become unworkable or inappropriate
1-63     under existing circumstances;
1-64                 (3)  the notice of change of a conservator's residence
 2-1     required by Chapter 105 [153] was not given or there was a change
 2-2     in a conservator's residence to a place outside this state;  [or]
 2-3                 (4)  a conservator has repeatedly failed to give notice
 2-4     of an inability to exercise possessory rights; or
 2-5                 (5)  the court has modified an order that designates a
 2-6     sole managing conservator as provided by Section 156.104.
 2-7           SECTION 4.  (a)  This Act takes effect September 1, 1999, and
 2-8     applies to a suit for modification of an order providing for
 2-9     conservatorship of or for possession of or access to a child
2-10     pending on that date or filed on or after that date.
2-11           (b)  The enactment of this Act does not by itself constitute
2-12     a material and substantial change of circumstances under Chapter
2-13     156, Family Code, sufficient to warrant modification of a court
2-14     order or portion of a decree that provides for the appointment of a
2-15     conservator or for possession of or access to a child rendered
2-16     before the effective date of this Act.
2-17           SECTION 5.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended.
2-22                                  * * * * *