Bill Text: TX HB135 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to notifying an alleged perpetrator of child abuse or neglect of certain rights in an investigation by the Department of Family and Protective Services.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB135 Detail]

Download: Texas-2021-HB135-Comm_Sub.html

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87R15985 MLH-D
By: Minjarez, Canales H.B. No. 135
Substitute the following for H.B. No. 135:
By: Noble C.S.H.B. No. 135

A BILL TO BE ENTITLED
AN ACT
relating to notifying an alleged perpetrator of child abuse or
neglect of the person's right to record an investigative interview.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3027 to read as follows:
Sec. 261.3027. NOTICE OF RIGHT TO RECORD INTERVIEW. (a)
Before conducting an interview with an alleged perpetrator, the
department shall inform the person orally and in writing that:
(1) the person may create an audio recording of the
interview but may not record the interview in any other manner; and
(2) any audio recording made by the person may be
subject to subpoena under a court order.
(b) The department shall document in the case file that the
department provided the notice required by Subsection (a).
(c) The department shall provide two copies of the written
notice to be signed by the person. The department shall provide one
signed notice to the person and retain the other signed notice in
the case file.
SECTION 2. This Act takes effect September 1, 2021.