Texas 2025 - 89th Regular

Texas House Bill HB534 Compare Versions

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

Old	New	Differences
1	1	89R3731 AMF-D
2	2	By: Gervin-Hawkins H.B. No. 534
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an external audit of investigations conducted by the
10	10	Department of Family and Protective Services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 261, Family Code, is
13	13	amended by adding Section 261.3092 to read as follows:
14	14	Sec. 261.3092. EXTERNAL AUDIT OF DEPARTMENT
15	15	INVESTIGATIONS. (a) If the number of complaints filed relating to
16	16	abuse or neglect investigations conducted by the department
17	17	annually is equal to 15 percent or more of the total number of
18	18	investigations conducted by the department during that year, the
19	19	department shall select an external auditor to conduct an audit of
20	20	the department's investigative procedures. The external auditor
21	21	shall be independent and not subject to direction from the
22	22	department.
23	23	(b) An audit under Subsection (a) must:
24	24	(1) determine the number of reports of abuse or
25	25	neglect the department received during four randomly selected
26	26	months during the one-year period immediately preceding the audit,
27	27	and the number of reports of abuse or neglect for which the
28	28	department conducted an investigation;
29	29	(2) determine, if the department did not conduct an
30	30	investigation in response to a report of abuse or neglect, the
31	31	reason the department did not conduct an investigation in response
32	32	to the report;
33	33	(3) assess any deficiencies in the department's
34	34	response to reports of abuse or neglect, including failure to
35	35	conduct an investigation when an investigation was warranted;
36	36	(4) assess the department's compliance with procedures
37	37	relating to the reporting and investigation of reports of abuse or
38	38	neglect;
39	39	(5) make recommendations regarding any necessary
40	40	revisions to the department's procedures relating to the reporting
41	41	and investigation of reports of abuse or neglect, including
42	42	revisions necessary to correct deficiencies in the department's
43	43	response to reports of abuse or neglect; and
44	44	(6) make recommendations regarding any other changes
45	45	to be implemented by the department, including workforce or
46	46	organizational improvements or additional training.
47	47	(c) The department shall pay the costs associated with an
48	48	audit under this section using existing resources.
49	49	(d) The auditor shall submit an audit report containing the
50	50	information under Subsection (b) to the department, the
51	51	legislature, and the governor.
52	52	(e) The department shall develop a plan to address all
53	53	concerns and implement all recommendations from the audit not later
54	54	than the 90th day after receiving the audit report under Subsection
55	55	(d).
56	56	(f) If the audit report under Subsection (d) indicates that
57	57	any individual department employee has received complaints in 30
58	58	percent or more of the audited investigations the employee has
59	59	conducted, the department shall conduct an employment review to
60	60	investigate the validity of the complaints.
61	61	(g) If the legislature or the governor determines the
62	62	department has failed to address the concerns and implement the
63	63	recommendations of the audit report under Subsection (d) before the
64	64	end of the 15th working day after the date the department develops
65	65	the plan under Subsection (e), the department shall engage the same
66	66	auditor to conduct an additional audit under this section not later
67	67	than the 30th day after the date the legislature or the governor
68	68	makes the determination, unless the auditor is unable to perform
69	69	the audit, in which case the department shall select another
70	70	external auditor to conduct the audit.
71	71	SECTION 2. This Act takes effect September 1, 2025.