Bill Text: TX HB692 | 2027-2028 | 90th Legislature Regular Session | Introduced
Bill Title: Relating to the interview of a child in a suit affecting a parent-child relationship.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-11-09 - Filed [HB692 Detail]
Download: Texas-2027-HB692-Introduced.html
| 90R3365 KRM-D | ||
| By: Gámez | H.B. No. 692 | |
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| 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 [ |
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| SECTION 2. Sections 153.009(a), (d), and (f), Family Code, | ||
| are amended to read as follows: | ||
| (a) In a nonjury trial or at a hearing, the court: | ||
| (1) [ |
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| attorney, or the attorney ad litem for the child, [ |
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| interview [ |
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| or, at the court's discretion, in another location in the | ||
| courthouse, and may interview [ |
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| of age in chambers or, at the court's discretion, in another | ||
| location in the courthouse, to determine the child's wishes as to: | ||
| (A) conservatorship, possession, or access; | ||
| (B) [ |
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| exclusive right to determine the child's primary residence; or | ||
| (C) any other issue affecting the parent-child | ||
| relationship; and | ||
| (2) on the court's own motion,[ |
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| interview a child of any age [ |
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| for a purpose specified by Subdivision (1) [ |
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| (d) In a jury trial, an [ |
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| conducted under this section may not be introduced to the jury [ |
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| (f) If the court interviews a child 12 years of age or older | ||
| under this section [ |
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| (1) cause a record of the interview to be made; and | ||
| (2) unless a party has filed a notice of appeal for the | ||
| suit, order the sealing of the record of the interview [ |
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| 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 an interview conducted under [ |
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| 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 an interview conducted under [ |
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| 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. Section 153.009(b), Family Code, is repealed. | ||
| SECTION 6. 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 7. This Act takes effect September 1, 2027. | ||
