84R5987 MAW-F
By: Raymond H.B. No. 1176
A BILL TO BE ENTITLED
AN ACT
relating to certain privileges of a parent or guardian in a criminal
or civil proceeding involving a child of the parent or guardian.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.0742 to read as follows:
Art. 38.0742. PRIVILEGE OF PARENT OR GUARDIAN. (a) In this
article:
(1) "Child" has the meaning assigned by Section
22.011(c), Penal Code.
(2) "Confidential communication" means a
communication that is made privately by a parent or guardian to a
child of the parent or guardian and is not intended to be disclosed
to any other person.
(b) A parent or guardian has a privilege to refuse to
testify against a child of the parent or guardian in a criminal
proceeding. A parent or guardian has a privilege in a criminal
proceeding to refuse to disclose and to prevent another from
disclosing a confidential communication made to a child of the
parent or guardian.
(c) A privilege under this article may be claimed only by a
parent or guardian.
(d) A privilege under this article does not apply in any
proceeding in which the child is charged with an offense against the
child's parent or guardian or a member of the parent's or guardian's
household.
(e) This article does not prohibit a parent or guardian from
testifying voluntarily against a child of the parent or guardian. A
parent or guardian who testifies voluntarily is subject to
cross-examination.
SECTION 2. Subchapter B, Chapter 22, Civil Practice and
Remedies Code, is amended by adding Section 22.013 to read as
follows:
Sec. 22.013. PRIVILEGE OF PARENT OR GUARDIAN. (a) In this
section:
(1) "Child" means a person younger than 17 years of
age.
(2) "Confidential communication" means a
communication that is made privately by a parent or guardian to a
child of the parent or guardian and is not intended to be disclosed
to any other person.
(b) A parent or guardian has a privilege to refuse to
testify against a child of the parent or guardian in a civil
proceeding. A parent or guardian has a privilege in a civil
proceeding to refuse to disclose and to prevent another from
disclosing a confidential communication made to a child of the
parent or guardian.
(c) A privilege under this section may be claimed only by a
parent or guardian.
(d) A privilege under this section does not apply if, at the
time of the civil proceeding, the child of the parent or guardian is
charged with a criminal offense against the parent or guardian or a
member of the parent's or guardian's household.
(e) This section does not prohibit a parent or guardian from
testifying voluntarily against a child of the parent or guardian. A
parent or guardian who testifies voluntarily is subject to
cross-examination.
SECTION 3. The changes in law made by this Act apply only to
a criminal proceeding or civil action that commences on or after the
effective date of this Act. A proceeding or action that commences
before the effective date of this Act is governed by the law in
effect on the date the proceeding or action commences, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.