S.B. No. 311
                                        AN ACT
    1-1  relating to certain investigations regarding the physical health or
    1-2  safety of a child.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 17.031, Family Code, is amended to read
    1-5  as follows:
    1-6        Sec. 17.031.  NOTICE TO PARENT OR GUARDIAN.  (a)  If during a
    1-7  preliminary investigation regarding the possibility of taking
    1-8  possession of a child under Section 17.02 or 17.03 of this code a
    1-9  representative of the Texas Department of Human Services or other
   1-10  agency conducts an interview with or an examination of a child, the
   1-11  department or other agency must make a reasonable effort within 24
   1-12  hours after the interview or examination to notify each parent of
   1-13  the child and the child's legal guardian if one has been appointed
   1-14  that the interview or examination was conducted.
   1-15        (b)  When a representative of the Texas Department of Human
   1-16  Services or other agency takes possession of a child under Section
   1-17  17.02 or 17.03 of this code, the department or other agency must
   1-18  give written notice as prescribed by this subsection to the child's
   1-19  parent or a legal guardian.  The written notice must be given as
   1-20  soon as practicable, but in any event before the latter of the
   1-21  first working day after the child is taken into possession or the
   1-22  date of the hearing required by Subsection (c) of Section 17.03 of
   1-23  this code.  The written notice may be waived by the court at the
    2-1  hearing held under Subsection (c) of Section 17.03 of this code on
    2-2  a showing by the Texas Department of Human Services or other agency
    2-3  taking possession of the child that the parents or legal guardian
    2-4  of the child could not be located.  The written notice must
    2-5  include:
    2-6              (1)  the reasons why the department or agency is taking
    2-7  possession of the child and the facts that led the department to
    2-8  believe that the child should be taken into custody;
    2-9              (2)  the name of the person at the department or agency
   2-10  that the parent or other custodian may contact for information
   2-11  relating to the child or any legal proceeding relating to the
   2-12  child;
   2-13              (3)  a summary of legal rights of parents or other
   2-14  custodians under this chapter and an explanation of the probable
   2-15  legal procedures relating to the child; and
   2-16              (4)  a statement that the parent or other custodian has
   2-17  the right to hire an attorney.
   2-18        SECTION 2.  Subchapter A, Chapter 34, Family Code, is amended
   2-19  by adding Section 34.055 to read as follows:
   2-20        Sec. 34.055.  NOTICE OF INTERVIEW OR EXAMINATION.  If during
   2-21  an investigation under this subchapter a representative of the
   2-22  Texas Department of Human Services or of the agency designated by
   2-23  the court to be responsible for the protection of children conducts
   2-24  an interview with or an examination of a child, the department or
   2-25  other agency must make a reasonable effort within 24 hours after
    3-1  the interview or examination to notify each parent of the child and
    3-2  the child's legal guardian if one has been appointed  that the
    3-3  interview or examination was conducted.
    3-4        SECTION 3.  This Act takes effect September 1, 1993.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.