H.B. No. 135
AN ACT
relating to notifying an alleged perpetrator of child abuse or
neglect of certain rights in an investigation by the Department of
Family and Protective Services.
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 or video recording
of the interview but may not record the interview in any other
manner;
(2) any audio or video recording made by the person may
be subject to subpoena under a court order; and
(3) the person may request and receive a copy of the
department's current recording policy.
(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.
(d) An audio or video recording of the department's
interview with an alleged perpetrator may not be posted on an
Internet website in a manner that could identify a party involved in
the interview.
SECTION 2. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3091 to read as follows:
Sec. 261.3091. NOTICE OF RIGHT TO REQUEST ADMINISTRATIVE
REVIEW. (a) Before conducting an interview with an alleged
perpetrator, the department shall notify the person in writing that
the person may request an administrative review of the department's
findings under Section 261.309. The person shall sign the written
notice to acknowledge receipt of the notice.
(b) The department shall document in the case file that the
department provided the notice required by Subsection (a).
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 135 was passed by the House on April
9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 135 on May 28, 2021, by the following vote: Yeas 144, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 135 was passed by the Senate, with
amendments, on May 20, 2021, by the following vote: Yeas 26, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor