| 1 | 1 | | 87R9676 MM-F |
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| 2 | 2 | | By: Dutton H.B. No. 2712 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the admissibility of certain evidence in a suit |
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| 8 | 8 | | affecting the parent-child relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 104, Family Code, is amended by adding |
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| 11 | 11 | | Sections 104.009 and 104.010 to read as follows: |
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| 12 | 12 | | Sec. 104.009. STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE |
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| 13 | 13 | | USE DISORDER TREATMENT OR EVALUATION. In a suit affecting the |
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| 14 | 14 | | parent-child relationship, except for the purpose of impeachment, a |
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| 15 | 15 | | statement made by an individual undergoing voluntary or |
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| 16 | 16 | | court-ordered treatment for a substance use disorder or examination |
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| 17 | 17 | | for admission to such treatment is not admissible if the statement |
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| 18 | 18 | | was made to any person involved in the individual's treatment or |
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| 19 | 19 | | examination. |
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| 20 | 20 | | Sec. 104.010. STATEMENT BY INDIVIDUAL UNDERGOING MENTAL |
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| 21 | 21 | | HEALTH TREATMENT OR EVALUATION. In a suit affecting the |
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| 22 | 22 | | parent-child relationship, except for the purpose of impeachment, a |
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| 23 | 23 | | statement made by an individual undergoing voluntary or |
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| 24 | 24 | | court-ordered therapeutic treatment for a mental illness or |
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| 25 | 25 | | psychological examination for such treatment is not admissible if |
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| 26 | 26 | | the statement was made to any person involved in the individual's |
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| 27 | 27 | | treatment or examination. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to a suit affecting the parent-child relationship filed on or after |
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| 30 | 30 | | the effective date of this Act. A suit affecting the parent-child |
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| 31 | 31 | | relationship filed before that date is governed by the law in effect |
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| 32 | 32 | | on the date the suit was filed, and that law is continued in effect |
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| 33 | 33 | | for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2021. |
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