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A BILL TO BE ENTITLED
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AN ACT
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relating to the interview of a child in a suit affecting a |
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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. The heading to Section 153.009, Family Code, is |
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amended to read as follows: |
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Sec. 153.009. INTERVIEW OF CHILD BY COURT [IN CHAMBERS]. |
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SECTION 2. Section 153.009, Family Code, is amended by |
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amending Subsections (a), (b), (d), and (f) and adding Subsection |
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(g) to read as follows: |
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(a) In a nonjury trial or at a hearing, on the application of |
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a party, the amicus attorney, or the attorney ad litem for the |
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child, the court shall interview [in chambers] a child 12 years of |
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age or older and may interview [in chambers] a child under 12 years |
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of age to determine the child's wishes as to conservatorship or as |
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to the person who shall have the exclusive right to determine the |
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child's primary residence. The court may also interview a child [in |
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chambers] on the court's own motion for a purpose specified by this |
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subsection. The court may interview the child in chambers or in |
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another location used by the court. |
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(b) In a nonjury trial or at a hearing, on the application of |
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a party, the amicus attorney, or the attorney ad litem for the child |
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or on the court's own motion, the court may interview the child |
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under this section [in chambers] to determine the child's wishes as |
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to possession, access, or any other issue in the suit affecting the |
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parent-child relationship. |
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(d) In a jury trial, the court may not interview the child |
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under this section [in chambers] regarding an issue on which a party |
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is entitled to a jury verdict. |
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(f) If the child is 12 years of age or older, the court: |
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(1) may cause a record of the interview to be made on |
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the court's own motion; or |
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(2) on [On] the motion of a party, the amicus attorney, |
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or the attorney ad litem for the child, [or on the court's own |
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motion, the court] shall cause: |
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(A) a record of the interview to be made; and |
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(B) the [when the child is 12 years of age or |
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older. A] record of the interview to [shall] be part of the record |
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in the case. |
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(g) A court shall order the sealing of a record of an |
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interview made under this section unless a party has filed a notice |
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of appeal for the suit. |
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SECTION 3. Section 156.006(b), Family Code, is amended to |
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read as follows: |
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(b) While a suit for modification is pending, the court may |
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not render a temporary order that has the effect of creating a |
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designation, or changing the designation, of the person who has the |
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exclusive right to designate the primary residence of the child, or |
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the effect of creating a geographic area, or changing or |
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eliminating the geographic area, within which a conservator must |
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maintain the child's primary residence, under the final order |
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unless the temporary order is in the best interest of the child and: |
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(1) the order is necessary because the child's present |
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circumstances would significantly impair the child's physical |
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health or emotional development; |
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(2) the person designated in the final order has |
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voluntarily relinquished the primary care and possession of the |
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child for more than six months; or |
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(3) the child is 12 years of age or older and has |
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expressed to the court [in chambers] as provided by Section 153.009 |
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the name of the person who is the child's preference to have the |
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exclusive right to designate the primary residence of the child. |
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SECTION 4. Section 156.101(a), Family Code, is amended to |
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read as follows: |
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(a) The court may modify an order that provides for the |
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appointment of a conservator of a child, that provides the terms and |
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conditions of conservatorship, or that provides for the possession |
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of or access to a child if modification would be in the best |
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interest of the child and: |
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(1) the circumstances of the child, a conservator, or |
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other party affected by the order have materially and substantially |
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changed since the earlier of: |
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(A) the date of the rendition of the order; or |
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(B) the date of the signing of a mediated or |
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collaborative law settlement agreement on which the order is based; |
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(2) the child is at least 12 years of age and has |
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expressed to the court [in chambers] as provided by Section 153.009 |
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the name of the person who is the child's preference to have the |
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exclusive right to designate the primary residence of the child; or |
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(3) the conservator who has the exclusive right to |
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designate the primary residence of the child has voluntarily |
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relinquished the primary care and possession of the child to |
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another person for at least six months. |
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SECTION 5. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship pending on the |
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effective date of this Act or filed on or after that date. |
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SECTION 6. This Act takes effect September 1, 2023. |