Bill Text: TX HB1529 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to procedures in certain suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-05-12 - Referred to Health & Human Services [HB1529 Detail]

Download: Texas-2023-HB1529-Engrossed.html

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By: Campos H.B. No. 1529

A BILL TO BE ENTITLED
AN ACT
relating to procedures in certain suits affecting the parent-child
relationship filed by the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 262, Family Code, is
amended by adding Section 262.2011 to read as follows:
Sec. 262.2011. CONFIRMATION OF REQUIRED NOTICE PROVIDED.
(a) Before commencement of the full adversary hearing, the court
shall, in writing and in open court, confirm that:
(1) before interviewing an alleged perpetrator, the
Department of Family and Protective Services informed the person of
the person's right to:
(A) create an audio or video recording of the
interview under Section 261.3027; and
(B) request an administrative review of the
Department of Family and Protective Services' findings under
Section 261.3091; and
(2) as soon as possible after initiating an
investigation of a parent or other person having legal custody of a
child, the Department of Family and Protective Services provided
the person with the information required by Section 261.307.
(b) Except as provided by Subsection (c), if the court
determines that an alleged perpetrator was not fully informed of
the person's rights described by Subsection (a)(1) or provided the
information described by Subsection (a)(2), the court may not
consider any evidence gathered from or provided by the alleged
perpetrator during the investigation or interview in the full
adversary hearing.
(c) The court may not exclude evidence under Subsection (b)
if the court finds that excluding that evidence may endanger the
child's physical health or significantly impair the child's
emotional development.
SECTION 2. The changes in law made by this Act apply to a
suit affecting the parent-child relationship that is filed on or
after the effective date of this Act. A suit filed before the
effective date of this Act is governed by the law in effect on the
date that the suit is filed, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.