Bill Text: TX HB4355 | 2023-2024 | 88th Legislature | Comm Sub

---

Bill Title: Relating to the interview of a child in a suit affecting a parent-child relationship.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-04 - Comm. report sent to Local & Consent Calendar [HB4355 Detail]

Download: Texas-2023-HB4355-Comm_Sub.html

---

88R22031 MLH-D
By: Wu H.B. No. 4355
Substitute the following for H.B. No. 4355:
By: Wu C.S.H.B. No. 4355

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