| 3 | 2 | | |
|---|
| 4 | 3 | | |
|---|
| 5 | 4 | | A BILL TO BE ENTITLED |
|---|
| 6 | 5 | | AN ACT |
|---|
| 7 | 6 | | relating to notice requirements regarding the right to record |
|---|
| 8 | 7 | | certain interviews conducted by the Department of Family and |
|---|
| 9 | 8 | | Protective Services. |
|---|
| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 10 | | SECTION 1. Subchapter B, Chapter 40, Human Resources Code, |
|---|
| 12 | 11 | | is amended by adding Section 40.045 to read as follows: |
|---|
| 13 | 12 | | Sec. 40.045. NOTICE REGARDING RECORDING OF INVESTIGATIVE |
|---|
| 14 | 13 | | INTERVIEWS. (a) This section applies to all investigations |
|---|
| 15 | 14 | | conducted by the department, including investigations conducted by |
|---|
| 16 | 15 | | the adult protective services division and the child protective |
|---|
| 17 | 16 | | services division. |
|---|
| 18 | 17 | | (b) Except as provided by Subsection (c), before a |
|---|
| 19 | 18 | | department employee conducts an interview as part of a department |
|---|
| 20 | 19 | | investigation, the employee shall: |
|---|
| 21 | 20 | | (1) orally notify the person who is the subject of the |
|---|
| 22 | 21 | | interview that the person has the right to record the interview |
|---|
| 23 | 22 | | using an audio recording device; and |
|---|
| 24 | 23 | | (2) obtain written verification from the person who is |
|---|
| 25 | 24 | | the subject of the interview that the department employee provided |
|---|
| 26 | 25 | | the notice required by Subdivision (1). |
|---|
| 27 | 26 | | (c) A department employee is not required to provide the |
|---|
| 28 | 27 | | notice described by Subsection (b) to: |
|---|
| 29 | 28 | | (1) an alleged victim of self-neglect; or |
|---|
| 30 | 29 | | (2) a person who the department employee suspects is |
|---|
| 31 | 30 | | incapacitated. |
|---|
| 32 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 33 | 32 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 34 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 35 | 34 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 36 | 35 | | Act takes effect September 1, 2019. |
|---|