79(R) HB 2159 - House Committee Report version


                                                                                
79R9664 KSD-D


By:  Nixon                                                        H.B. No. 2159

Substitute the following for H.B. No. 2159:                                   

By:  Dutton                                                   C.S.H.B. No. 2159



A BILL TO BE ENTITLED

AN ACT

relating to a suit affecting the parent-child relationship in which 
an international parental child abduction risk factor is present or 
an international parental child abduction prevention measure has 
been taken.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 153, Family Code, is 
amended by adding Section 153.0045 to read as follows:
	Sec. 153.0045.  REBUTTABLE PRESUMPTION WHEN ABDUCTION RISK 
FACTOR PRESENT.  In a suit, it is a rebuttable presumption that it 
is not in the best interest of a child for a parent of the child to 
have unsupervised visitation with the child if one or more 
abduction risk factors described by Section 153.502 are present.
	SECTION 2.  Section 153.008, Family Code, is amended to read 
as follows:     
	Sec. 153.008.  CHILD'S PREFERENCE OF PERSON TO DESIGNATE 
RESIDENCE.  (a)  Except as provided by Subsection (b), a [A] child 
12 years of age or older may file with the court in writing the name 
of the person who is the child's preference to have the exclusive 
right to designate the primary residence of the child, subject to 
the approval of the court.
	(b)  This section does not apply in a suit in which one or 
more abduction risk factors described by Section 153.502 are 
present or one or more abduction prevention measures described by 
Section 153.503 have been taken.
	SECTION 3.  Section 153.134, Family Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  If a written agreement of the parents is not filed with 
the court, the court may render an order appointing the parents 
joint managing conservators only if the appointment is in the best 
interest of the child, considering the following factors:
		(1)  whether the physical, psychological, or emotional 
needs and development of the child will benefit from the 
appointment of joint managing conservators;
		(2)  the ability of the parents to give first priority 
to the welfare of the child and reach shared decisions in the 
child's best interest;
		(3)  whether each parent can encourage and accept a 
positive relationship between the child and the other parent;
		(4)  whether both parents participated in child rearing 
before the filing of the suit;
		(5)  the geographical proximity of the parents' 
residences;                 
		(6)  if the child is 12 years of age or older, the 
child's preference, if any, regarding the appointment of joint 
managing conservators, except as provided by Subsection (c); and
		(7)  any other relevant factor.                                               
	(c)  The court may not consider the child's preference under 
Subsection (a)(6) in a suit in which one or more abduction risk 
factors described by Section 153.502 are present or one or more 
abduction prevention measures described by Section 153.503 have 
been taken.
	SECTION 4.  Section 156.101, Family Code, is amended to read 
as follows:     
	Sec. 156.101.  GROUNDS FOR MODIFICATION OF ORDER 
ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS.  (a) The 
court may modify an order that provides for the appointment of a 
conservator of a child, that provides the terms and conditions of 
conservatorship, or that provides for the possession of or access 
to a child if modification would be in the best interest of the 
child and:
		(1)  the circumstances of the child, a conservator, or 
other party affected by the order have materially and substantially 
changed since the earlier of:
			(A)  the date of the rendition of the order; or                              
			(B)  the date of the signing of a mediated or 
collaborative law settlement agreement on which the order is based;
		(2)  the child is at least 12 years of age and has filed 
with the court, in writing, the name of the person who is the 
child's preference to have the exclusive right to designate the 
primary residence of the child, except as provided by Subsection 
(b); or
		(3)  the conservator who has the exclusive right to 
designate the primary residence of the child has voluntarily 
relinquished the primary care and possession of the child to 
another person for at least six months.
	(b)  The court may not consider the child's preference under 
Subsection (a)(2) in a suit in which one or more abduction risk 
factors described by Section 153.502 are present or one or more 
abduction prevention measures described by Section 153.503 have 
been taken.
	SECTION 5.  The changes in law made by this Act apply to a 
suit affecting the parent-child relationship or suit for 
modification pending in a trial court on the effective date of this 
Act or filed on or after the effective date of this Act.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.