Texas 2025 - 89th Regular

Texas House Bill HB2160 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1869 PRL-D
2	2	By: Gámez H.B. No. 2160
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the interview of a child in a suit affecting a
10	10	parent-child relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 153.009, Family Code, is
13	13	amended to read as follows:
14	14	Sec. 153.009. INTERVIEW OF CHILD BY COURT [IN CHAMBERS].
15	15	SECTION 2. Section 153.009, Family Code, is amended by
16	16	amending Subsections (a), (b), (d), and (f) and adding Subsection
17	17	(g) to read as follows:
18	18	(a) In a nonjury trial or at a hearing, on the application of
19	19	a party, the amicus attorney, or the attorney ad litem for the
20	20	child, the court shall interview [in chambers] a child 12 years of
21	21	age or older and may interview [in chambers] a child under 12 years
22	22	of age to determine the child's wishes as to conservatorship or as
23	23	to the person who shall have the exclusive right to determine the
24	24	child's primary residence. The court may also interview a child [in
25	25	chambers] on the court's own motion for a purpose specified by this
26	26	subsection. The court may interview the child in chambers or in
27	27	another location used by the court.
28	28	(b) In a nonjury trial or at a hearing, on the application of
29	29	a party, the amicus attorney, or the attorney ad litem for the child
30	30	or on the court's own motion, the court may interview the child
31	31	under this section [in chambers] to determine the child's wishes as
32	32	to possession, access, or any other issue in the suit affecting the
33	33	parent-child relationship.
34	34	(d) In a jury trial, the court may not interview the child
35	35	under this section [in chambers] regarding an issue on which a party
36	36	is entitled to a jury verdict.
37	37	(f) If the child is 12 years of age or older, the court:
38	38	(1) may cause a record of the interview to be made on
39	39	the court's own motion; or
40	40	(2) on [On] the motion of a party, the amicus attorney,
41	41	or the attorney ad litem for the child, [or on the court's own
42	42	motion, the court] shall cause:
43	43	(A) a record of the interview to be made; and
44	44	(B) the [when the child is 12 years of age or
45	45	older. A] record of the interview to [shall] be part of the record
46	46	in the case.
47	47	(g) A court shall order the sealing of a record of an
48	48	interview made under this section unless a party has filed a notice
49	49	of appeal for the suit.
50	50	SECTION 3. Section 156.006(b), Family Code, is amended to
51	51	read as follows:
52	52	(b) While a suit for modification is pending, the court may
53	53	not render a temporary order that has the effect of creating a
54	54	designation, or changing the designation, of the person who has the
55	55	exclusive right to designate the primary residence of the child, or
56	56	the effect of creating a geographic area, or changing or
57	57	eliminating the geographic area, within which a conservator must
58	58	maintain the child's primary residence, under the final order
59	59	unless the temporary order is in the best interest of the child and:
60	60	(1) the order is necessary because the child's present
61	61	circumstances would significantly impair the child's physical
62	62	health or emotional development;
63	63	(2) the person designated in the final order has
64	64	voluntarily relinquished the primary care and possession of the
65	65	child for more than six months; or
66	66	(3) the child is 12 years of age or older and has
67	67	expressed to the court [in chambers] as provided by Section 153.009
68	68	the name of the person who is the child's preference to have the
69	69	exclusive right to designate the primary residence of the child.
70	70	SECTION 4. Section 156.101(a), Family Code, is amended to
71	71	read as follows:
72	72	(a) The court may modify an order that provides for the
73	73	appointment of a conservator of a child, that provides the terms and
74	74	conditions of conservatorship, or that provides for the possession
75	75	of or access to a child if modification would be in the best
76	76	interest of the child and:
77	77	(1) the circumstances of the child, a conservator, or
78	78	other party affected by the order have materially and substantially
79	79	changed since the earlier of:
80	80	(A) the date of the rendition of the order; or
81	81	(B) the date of the signing of a mediated or
82	82	collaborative law settlement agreement on which the order is based;
83	83	(2) the child is at least 12 years of age and has
84	84	expressed to the court [in chambers] as provided by Section 153.009
85	85	the name of the person who is the child's preference to have the
86	86	exclusive right to designate the primary residence of the child; or
87	87	(3) the conservator who has the exclusive right to
88	88	designate the primary residence of the child has voluntarily
89	89	relinquished the primary care and possession of the child to
90	90	another person for at least six months.
91	91	SECTION 5. The change in law made by this Act applies only
92	92	to a suit affecting the parent-child relationship pending on the
93	93	effective date of this Act or filed on or after that date.
94	94	SECTION 6. This Act takes effect September 1, 2025.