1-1  By:  Harris of Tarrant                                 S.B. No. 311
    1-2        (In the Senate - Filed February 10, 1993; February 11, 1993,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  February 23, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0;
    1-6  February 23, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Henderson          x                               
   1-10        Harris of Tarrant  x                               
   1-11        Brown              x                               
   1-12        Harris of Dallas   x                               
   1-13        Luna               x                               
   1-14        Parker             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 311        By:  Harris of Tarrant
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to certain investigations regarding the physical health or
   1-20  safety of a child.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 17.031, Family Code, is amended to read
   1-23  as follows:
   1-24        Sec. 17.031.  NOTICE TO PARENT OR GUARDIAN.  (a)  If during a
   1-25  preliminary investigation regarding the possibility of taking
   1-26  possession of a child under Section 17.02 or 17.03 of this code a
   1-27  representative of the Texas Department of Human Services or other
   1-28  agency conducts an interview with or an examination of a child, the
   1-29  department or other agency must make a reasonable effort within 24
   1-30  hours after the interview or examination to notify the child's
   1-31  parent or legal guardian that the interview or examination was
   1-32  conducted.
   1-33        (b)  When a representative of the Texas Department of Human
   1-34  Services or other agency takes possession of a child under Section
   1-35  17.02 or 17.03 of this code, the department or other agency must
   1-36  give written notice as prescribed by this subsection to the child's
   1-37  parent or a legal guardian.  The written notice must be given as
   1-38  soon as practicable, but in any event before the latter of the
   1-39  first working day after the child is taken into possession or the
   1-40  date of the hearing required by Subsection (c) of Section 17.03 of
   1-41  this code.  The written notice may be waived by the court at the
   1-42  hearing held under Subsection (c) of Section 17.03 of this code on
   1-43  a showing by the Texas Department of Human Services or other agency
   1-44  taking possession of the child that the parents or legal guardian
   1-45  of the child could not be located.  The written notice must
   1-46  include:
   1-47              (1)  the reasons why the department or agency is taking
   1-48  possession of the child and the facts that led the department to
   1-49  believe that the child should be taken into custody;
   1-50              (2)  the name of the person at the department or agency
   1-51  that the parent or other custodian may contact for information
   1-52  relating to the child or any legal proceeding relating to the
   1-53  child;
   1-54              (3)  a summary of legal rights of parents or other
   1-55  custodians under this chapter and an explanation of the probable
   1-56  legal procedures relating to the child; and
   1-57              (4)  a statement that the parent or other custodian has
   1-58  the right to hire an attorney.
   1-59        SECTION 2.  Subchapter A, Chapter 34, Family Code, is amended
   1-60  by adding Section 34.055 to read as follows:
   1-61        Sec. 34.055.  NOTICE OF INTERVIEW OR EXAMINATION.  If during
   1-62  an investigation under this subchapter a representative of the
   1-63  Texas Department of Human Services or of the agency designated by
   1-64  the court to be responsible for the protection of children conducts
   1-65  an interview with or an examination of a child, the department or
   1-66  other agency must make a reasonable effort within 24 hours after
   1-67  the interview or examination to notify the child's parent or other
   1-68  person having legal custody of the child that the interview or
    2-1  examination was conducted.
    2-2        SECTION 3.  This Act takes effect September 1, 1993.
    2-3        SECTION 4.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.
    2-8                               * * * * *
    2-9                                                         Austin,
   2-10  Texas
   2-11                                                         February 23,
   2-12  1993
   2-13  Hon. Bob Bullock
   2-14  President of the Senate
   2-15  Sir:
   2-16  We, your Committee on Jurisprudence to which was referred S.B. No.
   2-17  311, have had the same under consideration, and I am instructed to
   2-18  report it back to the Senate with the recommendation that it do not
   2-19  pass, but that the Committee Substitute adopted in lieu thereof do
   2-20  pass and be printed.
   2-21                                                         Henderson,
   2-22  Chairman
   2-23                               * * * * *
   2-24                               WITNESSES
   2-25                                                  FOR   AGAINST  ON
   2-26  ___________________________________________________________________
   2-27  Name:  Roger Pearson                             x
   2-28  Representing:  Vocal of Texas, Inc.
   2-29  City:  Round Rock
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   2-31  Name:  Lois McGee                                x
   2-32  Representing:  Vocal
   2-33  City:  Austin
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   2-35  Name:  Pat Devin                                               x
   2-36  Representing:  Texas Dept. Protect. and
   2-37      Reg. Serv.
   2-38  City:  Austin
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   2-40  Name:  Sandy Kibby                               x
   2-41  Representing:  Texas PTA
   2-42  City:  Austin
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   2-44  Name:  Susan Watkins                                           x
   2-45  Representing:  Dept. of Prot. and Reg.
   2-46      Services
   2-47  City:  Austin
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