Bill Text: TX HB135 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to notifying an alleged perpetrator of child abuse or neglect of certain rights in an investigation by the Department of Family and Protective Services.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB135 Detail]

Download: Texas-2021-HB135-Comm_Sub.html

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By: Minjarez, Canales, Sherman, Sr. H.B. No. 135
(Senate Sponsor - Miles)
(In the Senate - Received from the House April 12, 2021;
April 13, 2021, read first time and referred to Committee on Health &
Human Services; May 13, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
May 13, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 135 By: Perry

A BILL TO BE ENTITLED
AN ACT
relating to notifying an alleged perpetrator of child abuse or
neglect of certain rights in an investigation by the Department of
Family and Protective Services; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3027 to read as follows:
Sec. 261.3027. NOTICE OF RIGHT TO RECORD INTERVIEW. (a)
Before conducting an interview with an alleged perpetrator, the
department shall inform the person orally and in writing that:
(1) the person may create an audio or video recording
of the interview but may not record the interview in any other
manner; and
(2) any audio or video recording made by the person may
be subject to subpoena under a court order.
(b) The department shall document in the case file that the
department provided the notice required by Subsection (a).
(c) The department shall provide two copies of the written
notice to be signed by the person. The department shall provide one
signed notice to the person and retain the other signed notice in
the case file.
(d) An audio or video recording of the department's
interview with an alleged perpetrator may not be posted on an
Internet website. A person who violates this subsection commits an
offense. An offense under this subsection is a Class C misdemeanor.
SECTION 2. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3091 to read as follows:
Sec. 261.3091. NOTICE OF RIGHT TO REQUEST ADMINISTRATIVE
REVIEW. (a) Before conducting an interview with an alleged
perpetrator, the department shall notify the person in writing that
the person may request an administrative review of the department's
findings under Section 261.309. The person shall sign the written
notice to acknowledge receipt of the notice.
(b) The department shall document in the case file that the
department provided the notice required by Subsection (a).
SECTION 3. This Act takes effect September 1, 2021.
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