Bill Text: TX HB135 | 2021-2022 | 87th Legislature | Enrolled
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-Enrolled.html
| H.B. No. 135 | ||
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| 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. | ||
| 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 or video recording | ||
| of the interview but may not record the interview in any other | ||
| manner; | ||
| (2) any audio or video recording made by the person may | ||
| be subject to subpoena under a court order; and | ||
| (3) the person may request and receive a copy of the | ||
| department's current recording policy. | ||
| (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. | ||
| (d) An audio or video recording of the department's | ||
| interview with an alleged perpetrator may not be posted on an | ||
| Internet website in a manner that could identify a party involved in | ||
| the interview. | ||
| SECTION 2. Subchapter D, Chapter 261, Family Code, is | ||
| amended by adding Section 261.3091 to read as follows: | ||
| Sec. 261.3091. NOTICE OF RIGHT TO REQUEST ADMINISTRATIVE | ||
| REVIEW. (a) Before conducting an interview with an alleged | ||
| perpetrator, the department shall notify the person in writing that | ||
| the person may request an administrative review of the department's | ||
| findings under Section 261.309. The person shall sign the written | ||
| notice to acknowledge receipt of the notice. | ||
| (b) The department shall document in the case file that the | ||
| department provided the notice required by Subsection (a). | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 135 was passed by the House on April | ||
| 9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 135 on May 28, 2021, by the following vote: Yeas 144, Nays 0, 1 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 135 was passed by the Senate, with | ||
| amendments, on May 20, 2021, by the following vote: Yeas 26, Nays | ||
| 5. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
