By: Spiller, Garcia (Senate Sponsor - Bettencourt) H.B. No. 891
(In the Senate - Received from the House May 8, 2023;
May 9, 2023, read first time and referred to Committee on State
Affairs; May 16, 2023, reported favorably by the following vote:
Yeas 11, Nays 0; May 16, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
PaxtonX
BettencourtX
BirdwellX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PerryX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the use of expert testimony in certain suits affecting
the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.008, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Subsection (a) does not prohibit a person from
offering an expert opinion regarding the qualifications of,
reliability of the methodology used by, or relevance of the
information obtained by a person who has conducted a custody
evaluation relating to the child under Subchapter D, Chapter 107,
as long as the person's testimony does not violate Subsection (a).
SECTION 2. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship that is filed on or
after the effective date of this Act. A suit affecting the
parent-child relationship filed before the effective date of this
Act is governed by the law in effect on the date the suit is filed,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
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