H.B. No. 4062
AN ACT
relating to creating an audiovisual recording of an interview of a
child by a child custody evaluator in certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.112, Family Code, is amended by
amending Subsections (a) and (d) and adding Subsection (b-1) to
read as follows:
(a) Subject to Subsection (b-1), notwithstanding
[Notwithstanding] any rule, standard of care, or privilege
applicable to the professional license held by a child custody
evaluator, a communication made by a participant in a child custody
evaluation is subject to disclosure and may be offered in any
judicial or administrative proceeding if otherwise admissible
under the rules of evidence.
(b-1) A child custody evaluator shall create an audiovisual
recording of each interview the evaluator conducts with a child who
is the subject of a suit seeking conservatorship of, possession of,
or access to the child. A recording created under this subsection
is confidential and may not be released after the completion of the
suit in which the evaluator conducted the evaluation, except by
court order for good cause shown.
(d) Subject to Subsection (b-1) and except [Except] for
records obtained from the department in accordance with Section
107.111, records relating to a child custody evaluation conducted
by an employee of or contractor with a domestic relations office
shall, after completion of the evaluation and the preparation and
filing of a child custody evaluation report under Section 107.113,
be made available on written request according to the local rules
and policies of the office.
SECTION 2. The changes in law made by this Act apply only to
an interview conducted by a child custody evaluator in a suit
affecting the parent-child relationship on or after the effective
date of this Act. An interview conducted before the effective date
of this Act is governed by the law in effect on the date the
interview was conducted, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4062 was passed by the House on May 6,
2023, by the following vote: Yeas 133, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4062 was passed by the Senate on May
24, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor