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A BILL TO BE ENTITLED
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AN ACT
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relating to court orders to aid an investigation by the Department |
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of 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. Section 261.303, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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read as follows: |
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(b) If admission to the home, school, or any place where the |
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child may be cannot be obtained, and if [then for good cause shown] |
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the court having family law jurisdiction has probable cause to |
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believe that an order is necessary to protect the child from abuse |
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or neglect, then the court shall order the parent, the person |
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responsible for the care of the children, or the person in charge of |
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any place where the child may be to allow entrance for the |
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interview, examination, and investigation. |
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(b-1) A hearing for an order under Subsection (b) may not be |
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ex parte unless the court has probable cause to believe that an |
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immediate risk to the physical health or safety of the child makes |
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it impracticable to hold a full hearing. |
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(b-2) A court that holds an ex parte hearing authorized by |
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Subsection (b-1) shall prepare and keep a record of the hearing in |
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the form of an audio recording. On request of a party to the suit, |
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the court shall provide a copy of the record of an ex parte hearing |
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to the party. |
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SECTION 2. The changes in law made by this Act apply only to |
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a suit filed by the Department of Family and Protective Services on |
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or after the effective date of this Act. A suit filed by the |
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department before that date is governed by the law in effect on the |
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date the suit was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |