78R7786 MCK-D

By:  Hardcastle                                                   H.B. No. 2365



A BILL TO BE ENTITLED

AN ACT

relating to the person entitled under a court order to designate the 
primary residence of a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 153.136, Family Code, is amended to read 
as follows:     
	Sec. 153.136.  [COURT] DESIGNATION OF PRIMARY PHYSICAL 
RESIDENCE.  (a) If joint managing conservatorship is ordered, the 
best interest of the child ordinarily requires the court to 
designate a primary physical residence for the child.
	(b)  Except as provided by Subsection (c), if joint managing 
conservatorship is ordered by the court and a conservator is 
designated as the person who has the exclusive right to establish 
the primary residence of the child, the conservator must be a parent 
of the child.
	(c)  If neither parent of the child is appointed as a joint 
managing conservator, the court may designate a conservator as the 
person who has the exclusive right to establish the primary 
residence of the child.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies to an order for the possession of or access to a child 
rendered on or after the effective date of this Act.  An order for 
the possession of or access to a child rendered before the effective 
date of this Act is governed by the law in effect on the date the 
order was rendered, and the former law is continued in effect for 
that purpose.