| 1 | 1 | | 87R2116 EAS-D |
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| 2 | 2 | | By: White H.B. No. 526 |
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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 time period during which a court must interview |
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| 8 | 8 | | certain children in chambers on issues regarding conservatorship |
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| 9 | 9 | | and residence in a suit affecting the parent-child relationship. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 153.009(a), Family Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) In a nonjury trial or at a hearing, on the application of |
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| 14 | 14 | | a party, the amicus attorney, or the attorney ad litem for the |
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| 15 | 15 | | child, the court shall interview in chambers a child 12 years of age |
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| 16 | 16 | | or older and may interview in chambers a child under 12 years of age |
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| 17 | 17 | | to determine the child's wishes as to conservatorship or as to the |
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| 18 | 18 | | person who shall have the exclusive right to determine the child's |
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| 19 | 19 | | primary residence. The court may also interview a child in chambers |
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| 20 | 20 | | on the court's own motion for a purpose specified by this |
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| 21 | 21 | | subsection. An interview of a child 12 years of age or older |
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| 22 | 22 | | required under this subsection must be conducted not later than the |
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| 23 | 23 | | 60th business day after the date the application is filed by the |
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| 24 | 24 | | party, amicus attorney, or attorney ad litem, as applicable. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies to a |
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| 26 | 26 | | suit affecting the parent-child relationship that is pending in a |
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| 27 | 27 | | trial court on the effective date of this Act or that is filed on or |
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| 28 | 28 | | after the effective date of this Act. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2021. |
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