Texas 2021 - 87th Regular

Texas House Bill HB2552 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R14339~~ MLH-F
	1	+	87R9675 MLH-F
2	2		By: Dutton H.B. No. 2552
3		-	Substitute the following for H.B. No. 2552:
4		-	By: Noble C.S.H.B. No. 2552
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to certain Department of Family and Protective Services
10	8		procedures during an investigation of child abuse or neglect.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 261.302, Family Code, is amended by
13	11		amending Subsection (e) and adding Subsections (e-2) and (g) to
14	12		read as follows:
15		-	(e) An interview with a child or parent in which the
16		-	allegations of the current investigation are discussed and that is
17		-	conducted by the department during the investigation stage shall be
18		-	audiotaped or videotaped unless, with respect to an interview with
19		-	a child,[:
	13	+	(e) An interview with a child in which the allegations of
	14	+	the current investigation are discussed and that is conducted by
	15	+	the department during the investigation stage shall be audiotaped
	16	+	or videotaped unless[:
20	17		[(1) the recording equipment malfunctions and the
21	18		malfunction is not the result of a failure to maintain the equipment
22	19		or bring adequate supplies for the equipment;
23	20		[(2)] the child is unwilling to allow the interview to
24	21		be recorded after the department makes a reasonable effort
25	22		consistent with the child's age and development and the
26	23		circumstances of the case to convince the child to allow the
27	24		recording[; or
28	25		[(3) due to circumstances that could not have been
29	26		reasonably foreseen or prevented by the department, the department
30	27		does not have the necessary recording equipment because the
31	28		department employee conducting the interview does not ordinarily
32	29		conduct interviews].
33	30		(e-2) An interview with a child that is not recorded as
34	31		required by Subsection (e) may not be admitted as evidence in a
35	32		judicial proceeding under this title unless the court finds:
36	33		(1) the child was unwilling to allow the interview to
37	34		be recorded; and
38	35		(2) the department made a reasonable effort consistent
39	36		with the child's age and development and the circumstances of the
40	37		case to convince the child to allow the recording.
41	38		(g) During an investigation, the department may not:
42	39		(1) require a parent or child to submit to a drug test;
43	40		or
44	41		(2) threaten or coerce a parent to consent to a drug
45	42		test, including by notifying the parent that the child will be
46	43		removed if the parent fails to consent to a drug test.
47	44		SECTION 2. Section 261.302(e-2), Family Code, as added by
48	45		this Act, applies only to an interview conducted on or after the
49	46		effective date of this Act.
50	47		SECTION 3. This Act takes effect September 1, 2021.