By Harris                                             S.B. No. 1815
         76R7866 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the designation of the primary residence of certain
 1-3     children in an order for possession of and access to a child.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 153.133(a), Family Code, is amended to
 1-6     read as follows:
 1-7           (a)  If a written agreement of the parents is filed with the
 1-8     court, the court shall render an order appointing the parents as
 1-9     joint managing conservators only if the agreement:
1-10                 (1)  establishes the geographic area within which a
1-11     conservator shall maintain the child's primary [county of]
1-12     residence [of the child] until modified by further order and[, or]
1-13     designates the conservator who has the exclusive right to establish
1-14     the primary residence of the child;
1-15                 (2)  specifies the rights and duties of each parent
1-16     regarding the child's physical care, support, and education;
1-17                 (3)  includes provisions to minimize disruption of the
1-18     child's education, daily routine, and association with friends;
1-19                 (4)  allocates between the parents, independently,
1-20     jointly, or exclusively, all of the remaining rights and duties of
1-21     a parent provided by Chapter 151;
1-22                 (5)  is voluntarily and knowingly made by each parent
1-23     and has not been repudiated by either parent at the time the order
1-24     is rendered; and
 2-1                 (6)  is in the best interest of the child.
 2-2           SECTION 2.  Section 153.136, Family Code, is amended to read
 2-3     as follows:
 2-4           Sec. 153.136.  COURT DESIGNATION OF PRIMARY PHYSICAL
 2-5     RESIDENCE.  (a)  Except as provided by Subsection (b), if [If]
 2-6     joint managing conservatorship is ordered, [the best interest of
 2-7     the child ordinarily requires] the court shall [to] designate the
 2-8     geographic area within which a conservator shall maintain the
 2-9     child's [a] primary physical residence [for the child].
2-10           (b)  If one of the parties has been convicted of family
2-11     violence in the two years before the date the order is rendered,
2-12     the court may not designate the geographic area within which a
2-13     conservator shall maintain the child's primary residence unless the
2-14     parties agree in writing to the designation of a geographic area.
2-15           (c)  The court shall order that the child shall reside in the
2-16     geographic area designated under Subsection (d) until further order
2-17     of the court unless:
2-18                 (1)  a party presents evidence that it is in the
2-19     child's best interest to reside in another county; or
2-20                 (2)  the parties file a written agreement with the
2-21     court stating that the child should reside in another county.
2-22           (d)  The court shall order that the child shall reside in:
2-23                 (1)  the county in which the court of continuing
2-24     jurisdiction is located if the parent who does not determine the
2-25     child's primary residence resides in that county;
2-26                 (2)  the county in which the court of continuing
2-27     jurisdiction is located or a contiguous county if:
 3-1                       (A)  at the time the order is rendered, the
 3-2     parent who determines the child's primary residence resides in a
 3-3     county contiguous to the county in which the court of continuing
 3-4     jurisdiction is located; or
 3-5                       (B)  the parent who determines the child's
 3-6     primary residence can show good cause why the parent should be
 3-7     allowed to  move to a contiguous county; or
 3-8                 (3)  the county in which the parent who determines the
 3-9     child's primary residence resides if, at the time the order is
3-10     rendered, the parent does not reside in the county in which the
3-11     court of continuing jurisdiction is located or a contiguous county.
3-12           SECTION 3.  This Act takes effect September 1, 1999, and
3-13     applies to an order or portion of a decree providing for possession
3-14     of or access to a child rendered on or after that date.  An order
3-15     or decree rendered before the effective date of this Act is
3-16     governed by the law in effect on the date the order or decree was
3-17     rendered, and the former law is continued in effect for that
3-18     purpose.
3-19           SECTION 4.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended.