| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R2083 MM-D | |
| 2 | 2 | By: Middleton H.B. No. 4188 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the authority of the Department of Family and | |
| 8 | 8 | Protective Services to conduct certain interviews of a child who is | |
| 9 | 9 | the subject of a report of abuse or neglect. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 261.302, Family Code, is amended by | |
| 12 | 12 | adding Subsections (b-2) and (b-3) to read as follows: | |
| 13 | 13 | (b-2) The department may not interview the child at the | |
| 14 | 14 | child's school as part of an investigation unless: | |
| 15 | 15 | (1) the child's parent or other person having custody | |
| 16 | 16 | of the child consents in writing to the interview; or | |
| 17 | 17 | (2) the department obtains a court order for the | |
| 18 | 18 | interview. | |
| 19 | 19 | (b-3) This section does not limit the authority of a law | |
| 20 | 20 | enforcement agency to perform its duties under any other law. | |
| 21 | 21 | SECTION 2. Section 261.302, Family Code, as amended by this | |
| 22 | 22 | Act, applies only to an investigation of a report of abuse or | |
| 23 | 23 | neglect of a child initiated by the Department of Family and | |
| 24 | 24 | Protective Services on or after the effective date of this Act. An | |
| 25 | 25 | investigation initiated by the department before that date is | |
| 26 | 26 | governed by the law in effect on the date the investigation was | |
| 27 | 27 | initiated, and that law is continued in effect for that purpose. | |
| 28 | 28 | SECTION 3. This Act takes effect September 1, 2019. |