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.
1-28 * * * * *