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AN ACT
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relating to creating an audiovisual recording of an interview of a |
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child by a child custody evaluator in certain suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.112, Family Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (b-1) to |
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read as follows: |
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(a) Subject to Subsection (b-1), notwithstanding |
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[Notwithstanding] any rule, standard of care, or privilege |
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applicable to the professional license held by a child custody |
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evaluator, a communication made by a participant in a child custody |
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evaluation is subject to disclosure and may be offered in any |
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judicial or administrative proceeding if otherwise admissible |
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under the rules of evidence. |
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(b-1) A child custody evaluator shall create an audiovisual |
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recording of each interview the evaluator conducts with a child who |
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is the subject of a suit seeking conservatorship of, possession of, |
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or access to the child. A recording created under this subsection |
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is confidential and may not be released after the completion of the |
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suit in which the evaluator conducted the evaluation, except by |
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court order for good cause shown. |
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(d) Subject to Subsection (b-1) and except [Except] for |
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records obtained from the department in accordance with Section |
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107.111, records relating to a child custody evaluation conducted |
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by an employee of or contractor with a domestic relations office |
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shall, after completion of the evaluation and the preparation and |
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filing of a child custody evaluation report under Section 107.113, |
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be made available on written request according to the local rules |
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and policies of the office. |
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SECTION 2. The changes in law made by this Act apply only to |
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an interview conducted by a child custody evaluator in a suit |
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affecting the parent-child relationship on or after the effective |
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date of this Act. An interview conducted before the effective date |
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of this Act is governed by the law in effect on the date the |
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interview was conducted, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4062 was passed by the House on May 6, |
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2023, by the following vote: Yeas 133, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4062 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |