This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  H.B. No. 4062
  relating to creating an audiovisual recording of an interview of a
  child by a child custody evaluator in certain suits affecting the
  parent-child relationship.
         SECTION 1.  Section 107.112, Family Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (b-1) to
  read as follows:
         (a)  Subject to Subsection (b-1), notwithstanding 
  [Notwithstanding] any rule, standard of care, or privilege
  applicable to the professional license held by a child custody
  evaluator, a communication made by a participant in a child custody
  evaluation is subject to disclosure and may be offered in any
  judicial or administrative proceeding if otherwise admissible
  under the rules of evidence.
         (b-1)  A child custody evaluator shall create an audiovisual
  recording of each interview the evaluator conducts with a child who
  is the subject of a suit seeking conservatorship of, possession of,
  or access to the child.  A recording created under this subsection
  is confidential and may not be released after the completion of the
  suit in which the evaluator conducted the evaluation, except by
  court order for good cause shown.
         (d)  Subject to Subsection (b-1) and except [Except] for
  records obtained from the department in accordance with Section
  107.111, records relating to a child custody evaluation conducted
  by an employee of or contractor with a domestic relations office
  shall, after completion of the evaluation and the preparation and
  filing of a child custody evaluation report under Section 107.113,
  be made available on written request according to the local rules
  and policies of the office.
         SECTION 2.  The changes in law made by this Act apply only to
  an interview conducted by a child custody evaluator in a suit
  affecting the parent-child relationship on or after the effective
  date of this Act. An interview conducted before the effective date
  of this Act is governed by the law in effect on the date the
  interview was conducted, and the former law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 4062 was passed by the House on May 6,
  2023, by the following vote:  Yeas 133, Nays 1, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 4062 was passed by the Senate on May
  24, 2023, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________