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 * * * * *