By: Workman H.B. No. 3454
A BILL TO BE ENTITLED
AN ACT
relating to the age at which a child may express a preference to the
court on issues regarding residence and conservatorship in a suit
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 153.009(a) and (f), Family Code, is
amended to read as follows:
Sec. 153.009. INTERVIEW OF CHILD IN CHAMBERS. (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 15 [12] years of age or older
and may interview in chambers a child under 15 [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.
(f) 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 record of the interview to be made when the
child is 15 [12] years of age or older. A record of the interview
shall be part of the record in the case.
SECTION 2. This Act takes effect September 1, 2011.