BILL ANALYSIS Senate Research Center H.B. 135 87R15985 MLH-D By: Minjarez et al. (Miles) Health & Human Services 4/30/2021 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT There are concerns that many Texans are unaware of their right to record interactions with government agencies, particularly with respect to sensitive matters such as a Department of Family and Protective Services (DFPS) investigation into an allegation of child abuse or neglect. H.B. 135 seeks to provide accountability and transparency in child welfare investigations by requiring DFPS to inform an alleged perpetrator in such an investigation of the person's right to make an audio recording of an interview with DFPS prior to conducting the interview. H.B. 135 amends current law relating to notifying an alleged perpetrator of child abuse or neglect of the person's right to record an investigative interview. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 261, Family Code, by adding Section 261.3027, as follows: Sec. 261.3027. NOTICE OF RIGHT TO RECORD INTERVIEW. (a) Requires the Department of Family and Protective Services (DFPS), before conducting an interview with an alleged perpetrator, to inform the person orally and in writing that: (1) the person is authorized to create an audio recording of the interview, but the person is prohibited from recording 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) Requires DFPS to document in the case file that DFPS provided the notice required by Subsection (a). (c) Requires DFPS to provide two copies of the written notice to be signed by the person. Requires DFPS to provide one signed notice to the person and retain the other signed notice in the case file. SECTION 2. Effective date: September 1, 2021.
BILL ANALYSIS
Senate Research Center H.B. 135
87R15985 MLH-D By: Minjarez et al. (Miles)
Health & Human Services
4/30/2021
Engrossed
Senate Research Center
H.B. 135
87R15985 MLH-D
By: Minjarez et al. (Miles)
Health & Human Services
4/30/2021
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
There are concerns that many Texans are unaware of their right to record interactions with government agencies, particularly with respect to sensitive matters such as a Department of Family and Protective Services (DFPS) investigation into an allegation of child abuse or neglect. H.B. 135 seeks to provide accountability and transparency in child welfare investigations by requiring DFPS to inform an alleged perpetrator in such an investigation of the person's right to make an audio recording of an interview with DFPS prior to conducting the interview.
H.B. 135 amends current law relating to notifying an alleged perpetrator of child abuse or neglect of the person's right to record an investigative interview.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter D, Chapter 261, Family Code, by adding Section 261.3027, as follows:
Sec. 261.3027. NOTICE OF RIGHT TO RECORD INTERVIEW. (a) Requires the Department of Family and Protective Services (DFPS), before conducting an interview with an alleged perpetrator, to inform the person orally and in writing that:
(1) the person is authorized to create an audio recording of the interview, but the person is prohibited from recording 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) Requires DFPS to document in the case file that DFPS provided the notice required by Subsection (a).
(c) Requires DFPS to provide two copies of the written notice to be signed by the person. Requires DFPS to provide one signed notice to the person and retain the other signed notice in the case file.
SECTION 2. Effective date: September 1, 2021.