| 1 | 1 | | H.B. No. 4062 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to creating an audiovisual recording of an interview of a |
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| 6 | 6 | | child by a child custody evaluator in certain suits affecting the |
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| 7 | 7 | | parent-child relationship. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 107.112, Family Code, is amended by |
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| 10 | 10 | | amending Subsections (a) and (d) and adding Subsection (b-1) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) Subject to Subsection (b-1), notwithstanding |
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| 13 | 13 | | [Notwithstanding] any rule, standard of care, or privilege |
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| 14 | 14 | | applicable to the professional license held by a child custody |
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| 15 | 15 | | evaluator, a communication made by a participant in a child custody |
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| 16 | 16 | | evaluation is subject to disclosure and may be offered in any |
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| 17 | 17 | | judicial or administrative proceeding if otherwise admissible |
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| 18 | 18 | | under the rules of evidence. |
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| 19 | 19 | | (b-1) A child custody evaluator shall create an audiovisual |
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| 20 | 20 | | recording of each interview the evaluator conducts with a child who |
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| 21 | 21 | | is the subject of a suit seeking conservatorship of, possession of, |
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| 22 | 22 | | or access to the child. A recording created under this subsection |
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| 23 | 23 | | is confidential and may not be released after the completion of the |
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| 24 | 24 | | suit in which the evaluator conducted the evaluation, except by |
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| 25 | 25 | | court order for good cause shown. |
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| 26 | 26 | | (d) Subject to Subsection (b-1) and except [Except] for |
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| 27 | 27 | | records obtained from the department in accordance with Section |
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| 28 | 28 | | 107.111, records relating to a child custody evaluation conducted |
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| 29 | 29 | | by an employee of or contractor with a domestic relations office |
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| 30 | 30 | | shall, after completion of the evaluation and the preparation and |
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| 31 | 31 | | filing of a child custody evaluation report under Section 107.113, |
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| 32 | 32 | | be made available on written request according to the local rules |
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| 33 | 33 | | and policies of the office. |
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| 34 | 34 | | SECTION 2. The changes in law made by this Act apply only to |
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| 35 | 35 | | an interview conducted by a child custody evaluator in a suit |
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| 36 | 36 | | affecting the parent-child relationship on or after the effective |
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| 37 | 37 | | date of this Act. An interview conducted before the effective date |
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| 38 | 38 | | of this Act is governed by the law in effect on the date the |
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| 39 | 39 | | interview was conducted, and the former law is continued in effect |
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| 40 | 40 | | for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 42 | 42 | | ______________________________ ______________________________ |
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| 43 | 43 | | President of the Senate Speaker of the House |
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| 44 | 44 | | I certify that H.B. No. 4062 was passed by the House on May 6, |
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| 45 | 45 | | 2023, by the following vote: Yeas 133, Nays 1, 2 present, not |
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| 46 | 46 | | voting. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Chief Clerk of the House |
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| 49 | 49 | | I certify that H.B. No. 4062 was passed by the Senate on May |
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| 50 | 50 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Secretary of the Senate |
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| 53 | 53 | | APPROVED: _____________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | _____________________ |
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| 56 | 56 | | Governor |
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