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AN ACT
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relating to notifying an alleged perpetrator of child abuse or |
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neglect of certain rights in an investigation by the Department of |
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Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3027 to read as follows: |
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Sec. 261.3027. NOTICE OF RIGHT TO RECORD INTERVIEW. (a) |
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Before conducting an interview with an alleged perpetrator, the |
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department shall inform the person orally and in writing that: |
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(1) the person may create an audio or video recording |
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of the interview but may not record the interview in any other |
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manner; |
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(2) any audio or video recording made by the person may |
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be subject to subpoena under a court order; and |
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(3) the person may request and receive a copy of the |
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department's current recording policy. |
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(b) The department shall document in the case file that the |
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department provided the notice required by Subsection (a). |
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(c) The department shall provide two copies of the written |
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notice to be signed by the person. The department shall provide one |
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signed notice to the person and retain the other signed notice in |
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the case file. |
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(d) An audio or video recording of the department's |
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interview with an alleged perpetrator may not be posted on an |
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Internet website in a manner that could identify a party involved in |
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the interview. |
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SECTION 2. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3091 to read as follows: |
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Sec. 261.3091. NOTICE OF RIGHT TO REQUEST ADMINISTRATIVE |
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REVIEW. (a) Before conducting an interview with an alleged |
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perpetrator, the department shall notify the person in writing that |
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the person may request an administrative review of the department's |
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findings under Section 261.309. The person shall sign the written |
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notice to acknowledge receipt of the notice. |
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(b) The department shall document in the case file that the |
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department provided the notice required by Subsection (a). |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 135 was passed by the House on April |
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9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 135 on May 28, 2021, by the following vote: Yeas 144, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 135 was passed by the Senate, with |
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amendments, on May 20, 2021, by the following vote: Yeas 26, Nays |
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5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |