H.B. No. 63
AN ACT
relating to reports of child abuse or neglect and certain
preliminary investigations of those reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.104, Family Code, is amended to read
as follows:
Sec. 261.104. CONTENTS OF REPORT; NOTICE. (a) The
individual [person] making a report shall identify, if known:
(1) the name and address of the child;
(2) the name and address of the person responsible for
the care, custody, or welfare of the child; [and]
(3) the facts that caused the individual to believe
the child has been abused or neglected and the source of the
information;
(4) the individual's name and telephone number;
(5) the individual's:
(A) home address; or
(B) if the individual is a professional as
defined by Section 261.101(b), the individual's business address
and profession; and
(6) any other pertinent information concerning the
alleged or suspected abuse or neglect.
(b) If the individual making a report of child abuse or
neglect uses the toll-free telephone number the department operates
for reporting child abuse or neglect and the individual is
unwilling to provide the information described by Subsection
(a)(4), the department representative receiving the report shall
notify the individual that:
(1) the department is not authorized to accept an
anonymous report of abuse or neglect;
(2) the individual may report the abuse or neglect by
making a report to any local or state law enforcement agency; and
(3) the identity of an individual making a report
under this subchapter is confidential and may be disclosed only:
(A) as provided by Section 261.201; or
(B) to a law enforcement officer for the purposes
of conducting a criminal investigation of the report.
(c) The department representative or other person receiving
a report of child abuse or neglect shall use the person's best
efforts to obtain the information described by Subsection (a).
(d) If a report of abuse or neglect is made orally, the
department or local or state law enforcement agency receiving the
report shall:
(1) notify the individual making the report that:
(A) the report is being recorded; and
(B) making a false report is a criminal offense
under Section 261.107 punishable as a state jail felony or a third
degree felony; and
(2) make an audio recording of the report.
SECTION 2. Section 261.201, Family Code, is amended by
adding Subsections (m) and (n) to read as follows:
(m) An employee of the department may only have access to
the identity of the person making a report of alleged or suspected
abuse or neglect under this chapter if:
(1) the employee is directly involved with an
investigation, case, or other process involving the child who is
the subject of the report or the child's parent or other person
having legal custody of the child;
(2) the employee supervises, directly or indirectly,
an employee described by Subdivision (1); or
(3) the employee has any other legitimate professional
interest in an investigation, case, or other process involving the
child who is the subject of the report or the child's parent or
other person having legal custody of the child that necessitates
access to the identity of the person who made the report.
(n) The department shall adopt rules to implement
Subsection (m).
SECTION 3. Section 261.304(a), Family Code, is amended to
read as follows:
(a) If an individual makes [the department receives] an
anonymous report of child abuse or neglect by a person responsible
for a child's care, custody, or welfare to a local or state law
enforcement agency and the agency refers the report to the
department, the department shall conduct a preliminary
investigation to determine whether there is any evidence to
corroborate the report.
SECTION 4. Section 261.307, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) Before taking any action under Section 261.304, a
department representative must provide to a parent or other person
having legal custody of a child who is under investigation:
(1) information regarding the representative's
identity;
(2) the summary described by Subsection (a)(1); and
(3) a reasonable amount of time to read or review the
summary.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 63 was passed by the House on April
26, 2023, by the following vote: Yeas 94, Nays 51, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 63 was passed by the Senate on May 18,
2023, by the following vote: Yeas 20, Nays 11.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor