1-1     By:  Staples (Senate Sponsor - Shapiro)               H.B. No. 2488

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 17, 1997, reported favorably by the following

 1-5     vote:  Yeas 7, Nays 0; May 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the interview of a child in chambers in a suit

 1-9     affecting the parent-child relationship.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Sections 153.009(b) and (d), Family Code, are

1-12     amended to read as follows:

1-13           (b)  When the issue of managing conservatorship is contested,

1-14     on the application of a party, the court shall interview a child

1-15     [12] 10 years of age or older and may interview a child under [12]

1-16     10 years of age.  Interviewing a child does not diminish the

1-17     discretion of the court.

1-18           (d)  On the motion of a party or on the court's own motion,

1-19     the court shall cause a record of the interview to be made when the

1-20     child is [12] 10 years of age or older.  A record of the interview

1-21     shall be part of the record in the case.

1-22           SECTION 2.  This Act takes effect September 1, 1997.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

1-25     emergency and an imperative public necessity that the

1-26     constitutional rule requiring bills to be read on three several

1-27     days in each house be suspended, and this rule is hereby suspended.

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