Texas 2021 87th Regular

Texas House Bill HB135 Engrossed / Bill

Filed 04/09/2021

                    87R15985 MLH-D
 By: Minjarez, Canales, Sherman, Sr. H.B. No. 135


 A BILL TO BE ENTITLED
 AN ACT
 relating to notifying an alleged perpetrator of child abuse or
 neglect of the person's right to record an investigative interview.
 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 recording of the
 interview but may not record the interview in any other manner; and
 (2)  any audio recording made by the person may be
 subject to subpoena under a court order.
 (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.
 SECTION 2.  This Act takes effect September 1, 2021.