By: Menéndez S.B. No. 1543
(Frank)
A BILL TO BE ENTITLED
AN ACT
relating to notice requirements regarding the right to record
certain interviews conducted by the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 40, Human Resources Code,
is amended by adding Section 40.045 to read as follows:
Sec. 40.045. NOTICE REGARDING RECORDING OF INVESTIGATIVE
INTERVIEWS. (a) This section applies to all investigations
conducted by the department, including investigations conducted by
the adult protective services division and the child protective
services division.
(b) Except as provided by Subsection (c), before a
department employee conducts an interview as part of a department
investigation, the employee shall:
(1) orally notify the person who is the subject of the
interview that the person has the right to record the interview
using an audio recording device; and
(2) obtain written verification from the person who is
the subject of the interview that the department employee provided
the notice required by Subdivision (1).
(c) A department employee is not required to provide the
notice described by Subsection (b) to:
(1) an alleged victim of self-neglect; or
(2) a person who the department employee suspects is
incapacitated.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.