88R6074 MLH-D     By: Wu H.B. No. 4355       A BILL TO BE ENTITLED   AN ACT   relating to the interview of a child in a suit affecting a   parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 153.009, Family Code, is   amended to read as follows:          Sec. 153.009.  INTERVIEW OF CHILD BY COURT [IN CHAMBERS].          SECTION 2.  Sections 153.009(a), (b), (d), and (f), Family   Code, are amended to read as follows:          (a)  In a nonjury trial or at a hearing, on the application of   a party, the amicus attorney, or the attorney ad litem for the   child, the court shall interview [in chambers] a child 12 years of   age or older and may interview [in chambers] a child under 12 years   of age to determine the child's wishes as to conservatorship or as   to the person who shall have the exclusive right to determine the   child's primary residence. The court may also interview a child [in   chambers] on the court's own motion for a purpose specified by this   subsection. The court may interview the child in chambers or in   another location used by the court.          (b)  In a nonjury trial or at a hearing, on the application of   a party, the amicus attorney, or the attorney ad litem for the child   or on the court's own motion, the court may interview the child   under this section [in chambers] to determine the child's wishes as   to possession, access, or any other issue in the suit affecting the   parent-child relationship.          (d)  In a jury trial, the court may not interview the child   under this section [in chambers] regarding an issue on which a party   is entitled to a jury verdict.          (f)  If the child is 12 years of age or older, the court:                (1)  may cause a record of the interview to be made on   the court's own motion; or                (2)  on [On] the motion of a party, the amicus attorney,   or the attorney ad litem for the child, [or on the court's own   motion, the court] shall cause:                      (A)  a record of the interview to be made; and                      (B)  the [when the child is 12 years of age or   older.  A] record of the interview to [shall] be part of the record   in the case.          SECTION 3.  Section 156.006(b), Family Code, is amended to   read as follows:          (b)  While a suit for modification is pending, the court may   not render a temporary order that has the effect of creating a   designation, or changing the designation, of the person who has the   exclusive right to designate the primary residence of the child, or   the effect of creating a geographic area, or changing or   eliminating the geographic area, within which a conservator must   maintain the child's primary residence, under the final order   unless the temporary order is in the best interest of the child and:                (1)  the order is necessary because the child's present   circumstances would significantly impair the child's physical   health or emotional development;                (2)  the person designated in the final order has   voluntarily relinquished the primary care and possession of the   child for more than six months; or                (3)  the child is 12 years of age or older and has   expressed to the court [in chambers] as provided by Section 153.009   the name of the person who is the child's preference to have the   exclusive right to designate the primary residence of the child.          SECTION 4.  Section 156.101(a), Family Code, is amended to   read as follows:          (a)  The court may modify an order that provides for the   appointment of a conservator of a child, that provides the terms and   conditions of conservatorship, or that provides for the possession   of or access to a child if modification would be in the best   interest of the child and:                (1)  the circumstances of the child, a conservator, or   other party affected by the order have materially and substantially   changed since the earlier of:                      (A)  the date of the rendition of the order; or                      (B)  the date of the signing of a mediated or   collaborative law settlement agreement on which the order is based;                (2)  the child is at least 12 years of age and has   expressed to the court [in chambers] as provided by Section 153.009   the name of the person who is the child's preference to have the   exclusive right to designate the primary residence of the child; or                (3)  the conservator who has the exclusive right to   designate the primary residence of the child has voluntarily   relinquished the primary care and possession of the child to   another person for at least six months.          SECTION 5.  The change in law made by this Act applies only   to a suit affecting the parent-child relationship pending on the   effective date of this Act or filed on or after that date.          SECTION 6.  This Act takes effect September 1, 2023.