89R16490 KRM-D     By: Gámez H.B. No. 2160     Substitute the following for H.B. No. 2160:     By:  Moody C.S.H.B. No. 2160       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), (d), and (f), Family Code,   are amended to read as follows:          (a)  In a nonjury trial or at a hearing, the court:                (1)[,] 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 in chambers   or, at the court's discretion, in another location in the   courthouse, and may interview [in chambers] a child under 12 years   of age in chambers or, at the court's discretion, in another   location in the courthouse, to determine the child's wishes as to:                      (A)  conservatorship, possession, or access;                      (B)  [or as to] the person who shall have the   exclusive right to determine the child's primary residence; or                      (C)  any other issue affecting the parent-child   relationship; and                (2)  on the court's own motion,[.  The court] may [also]   interview a child of any age [in chambers on the court's own motion]   for a purpose specified by Subdivision (1) [this subsection].          (d)  In a jury trial, an [the court may not] interview   conducted under this section may not be introduced to the jury [the   child in chambers regarding an issue on which a party is entitled to   a jury verdict].          (f)  If the court interviews a child 12 years of age or older   under this section [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:                (1)  cause a record of the interview to be made; and                (2)  unless a party has filed a notice of appeal for the   suit, order the sealing of the record of the interview [when the   child is 12 years of age or older.  A record of the interview 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 an interview conducted under [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 an interview conducted under [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.  Section 153.009(b), Family Code, is repealed.          SECTION 6.  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 7.  This Act takes effect September 1, 2025.