Texas 2025 - 89th Regular

Texas House Bill HB3758 Compare Versions

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

Old	New	Differences
1	1	89R10136 AMF-D
2	2	By: Schatzline H.B. No. 3758
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to admissibility and disclosure of certain evidence in a
10	10	suit concerning a child alleged to have been abused or neglected or
11	11	to be at risk of abuse or neglect filed by a governmental entity.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 104, Family Code, is amended by
14	14	designating Sections 104.001 through 104.008 as Subchapter A and
15	15	adding a subchapter heading to read as follows:
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	SECTION 2. Chapter 104, Family Code, is amended by adding
18	18	Subchapter B to read as follows:
19	19	SUBCHAPTER B. CERTAIN SUITS FILED BY A GOVERNMENTAL ENTITY
20	20	Sec. 104.101. STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE
21	21	USE DISORDER TREATMENT OR EVALUATION. In a suit filed by a
22	22	governmental entity concerning a child who is alleged in the suit to
23	23	have been abused or neglected or to be at risk of abuse or neglect, a
24	24	statement made by an individual undergoing voluntary or
25	25	court-ordered treatment for a substance use disorder, or undergoing
26	26	an evaluation for admission to treatment for a substance use
27	27	disorder, is not admissible in any judicial proceeding for use
28	28	against the individual if the statement was made to any person
29	29	involved in the individual's treatment or evaluation.
30	30	Sec. 104.102. STATEMENT BY INDIVIDUAL UNDERGOING MENTAL
31	31	HEALTH TREATMENT OR EVALUATION. In a suit filed by a governmental
32	32	entity concerning a child who is alleged in the suit to have been
33	33	abused or neglected or to be at risk of abuse or neglect, a
34	34	statement made by an individual undergoing voluntary or
35	35	court-ordered therapeutic treatment for a mental illness, or
36	36	undergoing a psychological, psychosocial, or psychiatric
37	37	evaluation for that treatment, is not admissible for use against
38	38	the individual in any judicial proceeding if the statement was made
39	39	to any person involved in the individual's treatment or evaluation.
40	40	Sec. 104.103. STATEMENT BY PERSON REQUIRED TO REPORT ABUSE
41	41	OR NEGLECT OF CHILD. In a suit filed by a governmental entity
42	42	concerning a child who is alleged in the suit to have been abused or
43	43	neglected or to be at risk of abuse or neglect, an out-of-court
44	44	statement regarding any alleged abuse or neglect made to an entity
45	45	described by Section 261.103 under Subchapter B, Chapter 261, is
46	46	not admissible into evidence at any judicial proceeding unless the
47	47	statement can be independently corroborated by other evidence.
48	48	Sec. 104.104. STATEMENT OR TESTIMONY OF ALLEGED PERPETRATOR
49	49	OF ABUSE OR NEGLECT. In a suit filed by a governmental entity
50	50	concerning a child who is alleged in the suit to have been abused or
51	51	neglected or to be at risk of abuse or neglect, the alleged
52	52	perpetrator of any abuse or neglect may not be compelled to make a
53	53	statement during an investigation under Chapter 261 or to testify
54	54	at any judicial proceeding. Neither the court nor the counsel may
55	55	comment on the alleged perpetrator's refusal to make a statement or
56	56	to testify, and the trier of fact may not draw any adverse inference
57	57	from the alleged perpetrator's refusal to make a statement or to
58	58	testify.
59	59	SECTION 3. Chapter 301, Family Code, is amended by adding
60	60	Subchapter D, and a heading is added to that subchapter to read as
61	61	follows:
62	62	SUBCHAPTER D. DISCLOSURES IN SUIT FILED BY A GOVERNMENTAL ENTITY
63	63	SECTION 4. Section 262.014, Family Code, is transferred to
64	64	Subchapter D, Chapter 301, Family Code, as added by this Act,
65	65	redesignated as Section 301.151, Family Code, and amended to read
66	66	as follows:
67	67	Sec. 301.151 [262.014]. DISCLOSURE OF CERTAIN EVIDENCE IN
68	68	CERTAIN SUITS. (a) In [On the request of the attorney for a parent
69	69	who is a party in] a suit concerning a child who is alleged to have
70	70	been abused or neglected or to be at risk of abuse or neglect
71	71	[affecting the parent-child relationship] filed by a governmental
72	72	entity [under this chapter, or the attorney ad litem for the
73	73	parent's child], the governmental entity [Department of Family and
74	74	Protective Services] shall[, before the full adversary hearing,]
75	75	provide to each party:
76	76	(1) the name of any person, excluding an [a
77	77	department] employee of the governmental entity, whom the
78	78	governmental entity [department] will call as a witness to any of
79	79	the allegations contained in the petition filed by the governmental
80	80	entity and any witness statement provided by the person
81	81	[department];
82	82	(2) a copy of any offense report relating to the
83	83	allegations contained in the petition filed by the governmental
84	84	entity [department] that will be used in court to refresh a
85	85	witness's memory; [and]
86	86	(3) a copy of any photograph, video, or recording
87	87	relating to the allegations contained in the petition filed by the
88	88	governmental entity;
89	89	(4) a copy of any medical record or report submitted to
90	90	the governmental entity by a medical provider, including a provider
91	91	with the forensic assessment center network regarding a child who
92	92	is the subject of the suit;
93	93	(5) all exculpatory, impeachment, or mitigating
94	94	evidence in the possession, custody, or control of the governmental
95	95	entity or its agent that:
96	96	(A) is relevant to a parent who is a party in the
97	97	suit; and
98	98	(B) tends to negate any claim of abuse or neglect
99	99	of a child by the parent; and
100	100	(6) a true and correct copy of any investigative file
101	101	under Chapter 261, including any intake report, with only the
102	102	identifying information of a reporting party redacted [that will be
103	103	presented as evidence].
104	104	(b) In a suit filed by a governmental entity concerning a
105	105	child who is alleged to have been abused or neglected or to be at
106	106	risk of abuse or neglect, the governmental entity shall provide the
107	107	information under Subsection (a) not later than the seventh day
108	108	before the date of:
109	109	(1) the full adversary hearing in a suit filed under
110	110	Section 262.101 or 262.105; or
111	111	(2) the initial hearing in a suit filed under Section
112	112	262.404 or 264.203.
113	113	(c) If at any time before, during, or after a hearing or
114	114	before the end of a trial, the governmental entity or its agents
115	115	discover any additional document, item, or information required to
116	116	be disclosed under Subsection (a), the governmental entity shall
117	117	immediately provide the document, item, or information to each
118	118	party.
119	119	(d) If after a trial the governmental entity or its agents
120	120	discover any additional document, item, or information described by
121	121	Subsection (a)(5), the governmental entity shall immediately
122	122	provide the document, item, or information to each party.
123	123	(e) In a suit filed by a governmental entity concerning a
124	124	child who is alleged to have been abused or neglected or to be at
125	125	risk of abuse or neglect, any document, item, or information not
126	126	timely disclosed in accordance with this section is not admissible
127	127	in any judicial proceeding if submitted by the governmental entity.
128	128	(f) To the extent of any conflict, this section prevails
129	129	over Chapter 552, Government Code.
130	130	(g) This section does not prohibit the parties in a suit
131	131	concerning a child who is alleged to have been abused or neglected
132	132	or to be at risk of abuse or neglect filed by a governmental entity
133	133	from agreeing to discovery and documentation requirements equal to
134	134	or greater than those required under this section.
135	135	SECTION 5. The change in law made by this Act applies to a
136	136	suit filed by a governmental entity on or after the effective date
137	137	of this Act. A suit filed by a governmental entity before the
138	138	effective date of this Act is governed by the law in effect on the
139	139	date the suit was filed, and the former law is continued in effect
140	140	for that purpose.
141	141	SECTION 6. This Act takes effect September 1, 2025.