| 1 | 1 | | 88R23276 MM-F |
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| 2 | 2 | | By: Hull H.B. No. 1086 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to policies and procedures regarding certain |
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| 8 | 8 | | investigations by the Department of Family and Protective Services |
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| 9 | 9 | | and certain suits affecting the parent-child relationship. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 261.303, Family Code, is amended by |
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| 12 | 12 | | amending Subsection (b) and adding Subsections (b-1), (b-2), and |
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| 13 | 13 | | (b-3) to read as follows: |
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| 14 | 14 | | (b) If admission to the home, school, or any place where the |
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| 15 | 15 | | child may be cannot be obtained, and if [then for good cause shown] |
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| 16 | 16 | | the court having family law jurisdiction has probable cause to |
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| 17 | 17 | | believe that an order is necessary due to an immediate risk to the |
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| 18 | 18 | | child's safety, then the court may [shall] order the parent, the |
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| 19 | 19 | | person responsible for the care of the children, or the person in |
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| 20 | 20 | | charge of any place where the child may be to allow entrance for an |
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| 21 | 21 | | [the] interview, visual examination, or [and] investigation. |
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| 22 | 22 | | (b-1) A court may not issue an order described by Subsection |
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| 23 | 23 | | (b) unless the court is presented with facts sufficient to satisfy |
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| 24 | 24 | | the court that there is probable cause to believe that the order is |
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| 25 | 25 | | necessary due to an immediate risk to the child's safety. A |
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| 26 | 26 | | separate sworn affidavit setting forth substantial facts |
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| 27 | 27 | | establishing probable cause for admission to a location under |
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| 28 | 28 | | Subsection (b) and for what purpose the admission is necessary must |
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| 29 | 29 | | be filed for each location for which admission is requested under |
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| 30 | 30 | | that subsection. |
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| 31 | 31 | | (b-2) A hearing for an order under Subsection (b) may not be |
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| 32 | 32 | | ex parte unless the court has probable cause to believe that an |
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| 33 | 33 | | immediate risk to the physical health or safety of the child makes |
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| 34 | 34 | | it impracticable to hold a full hearing. |
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| 35 | 35 | | (b-3) A court that holds an ex parte hearing authorized by |
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| 36 | 36 | | Subsection (b-2) shall prepare and keep a record of the hearing in |
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| 37 | 37 | | the form of an audio recording or court reporter transcription. The |
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| 38 | 38 | | court shall maintain a copy of any electronic communication that |
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| 39 | 39 | | occurred in place of an in-person hearing. On request of a party to |
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| 40 | 40 | | the suit, the court shall provide a copy of the record of an ex parte |
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| 41 | 41 | | hearing to the party. |
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| 42 | 42 | | SECTION 2. Section 262.106, Family Code, is amended by |
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| 43 | 43 | | amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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| 44 | 44 | | read as follows: |
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| 45 | 45 | | (b) The initial hearing may be ex parte and proof may be by |
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| 46 | 46 | | sworn petition or affidavit only if a full adversary hearing is not |
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| 47 | 47 | | practicable. |
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| 48 | 48 | | (b-1) A court that holds an ex parte hearing authorized by |
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| 49 | 49 | | Subsection (b) shall prepare and keep a record of the hearing in the |
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| 50 | 50 | | form of an audio or video recording or a court reporter |
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| 51 | 51 | | transcription. The court shall maintain a copy of any electronic |
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| 52 | 52 | | communication that occurred in place of an in-person hearing. |
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| 53 | 53 | | (b-2) On request of a party to the suit, the court shall |
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| 54 | 54 | | provide a copy of the record of an ex parte hearing to the party. |
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| 55 | 55 | | SECTION 3. (a) Section 261.303, Family Code, as amended by |
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| 56 | 56 | | this Act, applies only to an order rendered on or after the |
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| 57 | 57 | | effective date of this Act. An order rendered before the effective |
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| 58 | 58 | | date of this Act is governed by the law in effect on the date of the |
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| 59 | 59 | | order, and the former law is continued in effect for that purpose. |
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| 60 | 60 | | (b) Section 262.106, Family Code, as amended by this Act, |
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| 61 | 61 | | applies only to an ex parte hearing held on or after the effective |
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| 62 | 62 | | date of this Act. An ex parte hearing held before that date is |
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| 63 | 63 | | governed by the law in effect on the date the ex parte hearing was |
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| 64 | 64 | | held, and the former law is continued in effect for that purpose. |
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| 65 | 65 | | SECTION 4. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect September 1, 2023. |
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