Texas 2021 - 87th Regular

Texas House Bill HB135 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 135
	1	+	By: Minjarez, Canales, Sherman, Sr. H.B. No. 135
	2	+	(Senate Sponsor - Miles)
	3	+	(In the Senate - Received from the House April 12, 2021;
	4	+	April 13, 2021, read first time and referred to Committee on Health &
	5	+	Human Services; May 13, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 8, Nays 1;
	7	+	May 13, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 135 By: Perry
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to notifying an alleged perpetrator of child abuse or
6	15		neglect of certain rights in an investigation by the Department of
7		-	Family and Protective Services.
	16	+	Family and Protective Services; creating a criminal offense.
8	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	18		SECTION 1. Subchapter D, Chapter 261, Family Code, is
10	19		amended by adding Section 261.3027 to read as follows:
11	20		Sec. 261.3027. NOTICE OF RIGHT TO RECORD INTERVIEW. (a)
12	21		Before conducting an interview with an alleged perpetrator, the
13	22		department shall inform the person orally and in writing that:
14	23		(1) the person may create an audio or video recording
15	24		of the interview but may not record the interview in any other
16		-	manner;
	25	+	manner; and
17	26		(2) any audio or video recording made by the person may
18		-	be subject to subpoena under a court order; and
19		-	(3) the person may request and receive a copy of the
20		-	department's current recording policy.
	27	+	be subject to subpoena under a court order.
21	28		(b) The department shall document in the case file that the
22	29		department provided the notice required by Subsection (a).
23	30		(c) The department shall provide two copies of the written
24	31		notice to be signed by the person. The department shall provide one
25	32		signed notice to the person and retain the other signed notice in
26	33		the case file.
27	34		(d) An audio or video recording of the department's
28	35		interview with an alleged perpetrator may not be posted on an
29		-	Internet website in a ~~manner that could identify a party involved in~~
30		-	~~the interview~~.
	36	+	Internet website. A person who violates this subsection commits an
	37	+	offense. An offense under this subsection is a Class C misdemeanor.
31	38		SECTION 2. Subchapter D, Chapter 261, Family Code, is
32	39		amended by adding Section 261.3091 to read as follows:
33	40		Sec. 261.3091. NOTICE OF RIGHT TO REQUEST ADMINISTRATIVE
34	41		REVIEW. (a) Before conducting an interview with an alleged
35	42		perpetrator, the department shall notify the person in writing that
36	43		the person may request an administrative review of the department's
37	44		findings under Section 261.309. The person shall sign the written
38	45		notice to acknowledge receipt of the notice.
39	46		(b) The department shall document in the case file that the
40	47		department provided the notice required by Subsection (a).
41	48		SECTION 3. This Act takes effect September 1, 2021.
42		-	______________________________ ______________________________
43		-	President of the Senate Speaker of the House
44		-	I certify that H.B. No. 135 was passed by the House on April
45		-	9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
46		-	voting; and that the House concurred in Senate amendments to H.B.
47		-	No. 135 on May 28, 2021, by the following vote: Yeas 144, Nays 0, 1
48		-	present, not voting.
49		-	______________________________
50		-	Chief Clerk of the House
51		-	I certify that H.B. No. 135 was passed by the Senate, with
52		-	amendments, on May 20, 2021, by the following vote: Yeas 26, Nays
53		-	5.
54		-	______________________________
55		-	Secretary of the Senate
56		-	APPROVED: __________________
57		-	Date
58		-	__________________
59		-	Governor
	49	+	* * * * *