89R13463 KRM-D     By: A. Davis of Dallas H.B. No. 4369       A BILL TO BE ENTITLED   AN ACT   relating to the age at which a child may express a preference to the   court on issues regarding residence and conservatorship in a suit   affecting the parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 153.009(a) 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 eight [12]   years of age or older and may interview in chambers a child under   eight [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.          (f)  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 record of the interview to be made when the   child is eight [12] years of age or older. A record of the interview   shall be part of the record in the case.          SECTION 2.  Section 153.134(a), Family Code, is amended to   read as follows:          (a)  If a written agreed parenting plan is not filed with the   court, the court may render an order appointing the parents joint   managing conservators only if the appointment is in the best   interest of the child, considering the following factors:                (1)  whether the physical, psychological, or emotional   needs and development of the child will benefit from the   appointment of joint managing conservators;                (2)  the ability of the parents to give first priority   to the welfare of the child and reach shared decisions in the   child's best interest;                (3)  whether each parent can encourage and accept a   positive relationship between the child and the other parent;                (4)  whether both parents participated in child rearing   before the filing of the suit;                (5)  the geographical proximity of the parents'   residences;                (6)  if the child is eight [12] years of age or older,   the child's preference, if any, regarding the person to have the   exclusive right to designate the primary residence of the child;   and                (7)  any other relevant factor.          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 eight [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 eight [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.  (a)  The change in law made by this Act by the   amendment of Sections 153.009 and 153.134, Family Code, applies to   a suit affecting the parent-child relationship pending on the   effective date of this Act or filed on or after that date.          (b)  The change in law made by this Act by the amendment of   Sections 156.006 and 156.101, Family Code, applies to an action to   modify an order in 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, 2025.