Texas 2021 - 87th Regular

Texas House Bill HB1895 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7326 MM-F
2	2	By: Gates H.B. No. 1895
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures in suits affecting the parent-child
8	8	relationship involving the Department of Family and Protective
9	9	Services and to reports of child abuse or neglect; creating a civil
10	10	cause of action.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 104, Family Code, is amended by adding
13	13	Sections 104.009 and 104.010 to read as follows:
14	14	Sec. 104.009. ADMISSIBILITY OF CERTAIN EVIDENCE. Except as
15	15	otherwise provided by law, Article 38.23, Code of Criminal
16	16	Procedure, applies to the admissibility of evidence in a suit filed
17	17	by the Department of Family and Protective Services under Chapter
18	18	161 or 262 in the same manner as if the person responsible for a
19	19	child's care, custody, or welfare was a defendant in a criminal
20	20	prosecution.
21	21	Sec. 104.010. DUTY TO DISCLOSE CERTAIN INFORMATION TO
22	22	PARENT. (a) In a suit filed by the Department of Family and
23	23	Protective Services under Chapter 161, 261, or 262 against a person
24	24	responsible for a child's care, custody, or welfare, the department
25	25	and the attorney for the state shall disclose to the person any
26	26	exculpatory, impeachment, or mitigating document, item, or
27	27	information in the possession, custody, or control of the state
28	28	that tends to disprove an allegation against the person as soon as
29	29	practicable after obtaining the document, item, or information.
30	30	(b) The Department of Family and Protective Services and the
31	31	attorney for the state shall disclose a document, item, or
32	32	information under this section in a manner consistent with any laws
33	33	protecting the confidentiality of any person who made a report on
34	34	which the suit is based.
35	35	SECTION 2. Chapter 105, Family Code, is amended by adding
36	36	Sections 105.010 and 105.011 to read as follows:
37	37	Sec. 105.010. LIMITING PRIOR RESTRAINTS ON SPEECH. In a
38	38	suit filed by the Department of Family and Protective Services
39	39	under Chapter 161 or 262, the court may not render an order that
40	40	limits the speech of any person unless:
41	41	(1) a party to the suit files a motion with the court
42	42	requesting the order;
43	43	(2) notice of the hearing is served on the parties not
44	44	later than 72 hours before the time specified for the hearing;
45	45	(3) after the hearing, the court determines that:
46	46	(A) failure to limit the speech will cause an
47	47	imminent and irreparable harm to the judicial process and deprive
48	48	the parties of a just resolution of their dispute; and
49	49	(B) the judicial action requested represents the
50	50	least restrictive means to prevent that harm; and
51	51	(4) the order is reduced to writing and signed by the
52	52	judge.
53	53	Sec. 105.011. CERTAIN EVALUATIONS AND ASSESSMENTS
54	54	PROHIBITED. In a suit filed by the Department of Family and
55	55	Protective Services under Chapter 161 or 262, the court may not
56	56	order a person responsible for a child's care, custody, or welfare
57	57	to submit to a diagnostic assessment, educational assessment,
58	58	neurological assessment, psychosocial assessment, psychiatric or
59	59	psychological evaluation, or similar evaluation or assessment.
60	60	SECTION 3. Section 106.002, Family Code, is amended by
61	61	adding Subsection (a-1) to read as follows:
62	62	(a-1) In a suit filed by the Department of Family and
63	63	Protective Services under Chapter 261 or 262, the court shall
64	64	include reasonable attorney's fees and expenses in any judgment for
65	65	the person responsible for a child's care, custody, or welfare.
66	66	SECTION 4. Section 261.101(a), Family Code, is amended to
67	67	read as follows:
68	68	(a) An officer, employee, or agent of a governmental entity
69	69	[A person] having cause to believe that a child's physical or mental
70	70	health or welfare has been adversely affected by abuse or neglect by
71	71	any person shall immediately make a report as provided by this
72	72	subchapter.
73	73	SECTION 5. Section 261.104, Family Code, is amended to read
74	74	as follows:
75	75	Sec. 261.104. CONTENTS OF REPORT. The person making a
76	76	report shall:
77	77	(1) identify, if known:
78	78	(A) [(1)] the name and address of the child;
79	79	(B) [(2)] the name and address of the person
80	80	responsible for the care, custody, or welfare of the child; and
81	81	(C) [(3)] any other pertinent information
82	82	concerning the alleged or suspected abuse or neglect; and
83	83	(2) provide the person's name, address, and telephone
84	84	number.
85	85	SECTION 6. The heading to Section 261.107, Family Code, is
86	86	amended to read as follows:
87	87	Sec. 261.107. FALSE REPORT; CRIMINAL PENALTY; CIVIL
88	88	PENALTY; CIVIL ACTION.
89	89	SECTION 7. Section 261.107, Family Code, is amended by
90	90	amending Subsections (a) and (d) and adding Subsection (f) to read
91	91	as follows:
92	92	(a) A person commits an offense if [, with the intent to
93	93	deceive,] the person knowingly makes a report as provided in this
94	94	chapter that is false. An offense under this subsection is a state
95	95	jail felony unless it is shown on the trial of the offense that the
96	96	person has previously been convicted under this section, in which
97	97	case the offense is a felony of the third degree.
98	98	(d) The court shall order a person who engages in conduct
99	99	described by [is convicted of an offense under] Subsection (a) to
100	100	pay any reasonable attorney's fees incurred by the person who was
101	101	falsely accused of abuse or neglect in any proceeding relating to
102	102	the false report, including an action under Subsection (f).
103	103	(f) A person who engages in conduct described by Subsection
104	104	(a) is liable to the person who was falsely accused of abuse or
105	105	neglect for all damages, including actual, consequential, and
106	106	exemplary damages, and any other relief to which the person who was
107	107	falsely accused may be entitled at law or in equity. Nothing in
108	108	this section prohibits a person who is falsely accused of abuse or
109	109	neglect from bringing a civil action against a person who engages in
110	110	conduct described by Subsection (a) seeking damages authorized by
111	111	this subsection.
112	112	SECTION 8. Section 261.201, Family Code, is amended by
113	113	adding Subsection (m) to read as follows:
114	114	(m) In a suit filed by the department under Chapter 161 or
115	115	262, if a court makes a finding under Rule 508(c)(2)(B), Texas Rules
116	116	of Evidence, but the department elects not to disclose the identity
117	117	of the person who made a report on which the suit is based, the
118	118	court:
119	119	(1) on a party's motion, shall dismiss the suit to
120	120	which the person's testimony would relate; or
121	121	(2) on its own motion, may dismiss the suit to which
122	122	the person's testimony would relate.
123	123	SECTION 9. Section 261.304, Family Code, is amended by
124	124	adding Subsection (d) to read as follows:
125	125	(d) At the time of the initial contact during an
126	126	investigation of a person responsible for a child's care, custody,
127	127	or welfare, the department shall disclose to the person if the
128	128	report of abuse or neglect was made anonymously.
129	129	SECTION 10. The changes in law made by this Act apply only
130	130	to a suit affecting the parent-child relationship filed on or after
131	131	the effective date of this Act. A suit affecting the parent-child
132	132	relationship filed before the effective date of this Act is
133	133	governed by the law in effect on the date the suit was filed, and the
134	134	former law is continued in effect for that purpose.
135	135	SECTION 11. The changes in law made by this Act apply only
136	136	to a report of suspected abuse or neglect made on or after the
137	137	effective date of this Act. A report of suspected abuse or neglect
138	138	made before that date is governed by the law in effect on the date
139	139	the report was made, and that law is continued in effect for that
140	140	purpose.
141	141	SECTION 12. This Act takes effect September 1, 2021.