By: Harris of Tarrant S.B. No. 311 A BILL TO BE ENTITLED 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 attempt within 24 hours after the 1-12 interview or examination to notify the child's parent or legal 1-13 guardian that the interview or examination was conducted. 1-14 (b) When a representative of the Texas Department of Human 1-15 Services or other agency takes possession of a child under Section 1-16 17.02 or 17.03 of this code, the department or other agency must 1-17 give written notice as prescribed by this subsection to the child's 1-18 parent or a legal guardian. The written notice must be given as 1-19 soon as practicable, but in any event before the latter of the 1-20 first working day after the child is taken into possession or the 1-21 date of the hearing required by Subsection (c) of Section 17.03 of 1-22 this code. The written notice may be waived by the court at the 1-23 hearing held under Subsection (c) of Section 17.03 of this code on 2-1 a showing by the Texas Department of Human Services or other agency 2-2 taking possession of the child that the parents or legal guardian 2-3 of the child could not be located. The written notice must 2-4 include: 2-5 (1) the reasons why the department or agency is taking 2-6 possession of the child and the facts that led the department to 2-7 believe that the child should be taken into custody; 2-8 (2) the name of the person at the department or agency 2-9 that the parent or other custodian may contact for information 2-10 relating to the child or any legal proceeding relating to the 2-11 child; 2-12 (3) a summary of legal rights of parents or other 2-13 custodians under this chapter and an explanation of the probable 2-14 legal procedures relating to the child; and 2-15 (4) a statement that the parent or other custodian has 2-16 the right to hire an attorney. 2-17 SECTION 2. Subchapter A, Chapter 34, Family Code, is amended 2-18 by adding Section 34.055 to read as follows: 2-19 Sec. 34.055. WITNESS FOR PHYSICAL EXAM REQUIRED. If a 2-20 physical examination of a child is performed as part of an 2-21 investigation under Section 34.05 or 34.053 of this code, a witness 2-22 of the same sex as the child must be present at all times during 2-23 the examination. 2-24 SECTION 3. This Act takes effect September 1, 1993. 2-25 SECTION 4. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended.