By Smith                                              H.B. No. 3344

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the interview of a child in chambers in a suit

 1-3     affecting the parent-child relationship.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 153.009(b) and (d), Family Code, are

 1-6     amended to read as follows:

 1-7           (b)  When the issue of managing conservatorship is contested,

 1-8     on the application of a party, the court shall interview a child

 1-9     [12] 10 years of age or older and may interview a child under [12]

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

1-11     discretion of the court.

1-12           (d)  On the motion of a party or on the court's own motion,

1-13     the court shall cause a record of the interview to be made when the

1-14     child is [12] 10 years of age or older.  A record of the interview

1-15     shall be part of the record in the case.

1-16           SECTION 2.  This Act takes effect September 1, 1997.

1-17           SECTION 3.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended.