| 1 | 1 | | 89R7936 AMF-D |
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| 2 | 2 | | By: Campos H.B. No. 1534 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to procedures in certain suits affecting the parent-child |
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| 10 | 10 | | relationship filed by the Department of Family and Protective |
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| 11 | 11 | | Services. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter C, Chapter 262, Family Code, is |
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| 14 | 14 | | amended by adding Section 262.2011 to read as follows: |
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| 15 | 15 | | Sec. 262.2011. CONFIRMATION OF REQUIRED NOTICE PROVIDED. |
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| 16 | 16 | | (a) Before commencement of the full adversary hearing, the court |
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| 17 | 17 | | shall, in writing and in open court, confirm that: |
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| 18 | 18 | | (1) before interviewing an alleged perpetrator, the |
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| 19 | 19 | | Department of Family and Protective Services informed the person of |
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| 20 | 20 | | the person's right to: |
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| 21 | 21 | | (A) create an audio or video recording of the |
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| 22 | 22 | | interview under Section 261.3027; and |
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| 23 | 23 | | (B) request an administrative review of the |
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| 24 | 24 | | Department of Family and Protective Services' findings under |
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| 25 | 25 | | Section 261.3091; and |
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| 26 | 26 | | (2) as soon as possible after initiating an |
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| 27 | 27 | | investigation of a parent or other person having legal custody of a |
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| 28 | 28 | | child, the Department of Family and Protective Services provided |
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| 29 | 29 | | the person with the information required by Section 261.307. |
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| 30 | 30 | | (b) Except as provided by Subsection (c), if the court |
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| 31 | 31 | | determines that an alleged perpetrator was not fully informed of |
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| 32 | 32 | | the person's rights described by Subsection (a)(1) or provided the |
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| 33 | 33 | | information described by Subsection (a)(2), the court may not |
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| 34 | 34 | | consider in the full adversary hearing any evidence gathered from |
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| 35 | 35 | | or provided by the alleged perpetrator during the investigation or |
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| 36 | 36 | | interview. |
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| 37 | 37 | | (c) The court may consider evidence that would be |
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| 38 | 38 | | inadmissible under Subsection (b) if the court has good cause to |
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| 39 | 39 | | believe that excluding that evidence would significantly impair the |
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| 40 | 40 | | child's physical health or emotional development. |
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| 41 | 41 | | SECTION 2. The changes in law made by this Act apply to a |
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| 42 | 42 | | suit affecting the parent-child relationship that is filed on or |
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| 43 | 43 | | after the effective date of this Act. A suit filed before the |
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| 44 | 44 | | effective date of this Act is governed by the law in effect on the |
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| 45 | 45 | | date that the suit is filed, and the former law is continued in |
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| 46 | 46 | | effect for that purpose. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2025. |
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