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 2-30 ------------------------------------------------------------------- 2-31 Name: Lois McGee x 2-32 Representing: Vocal 2-33 City: Austin 2-34 ------------------------------------------------------------------- 2-35 Name: Pat Devin x 2-36 Representing: Texas Dept. Protect. and 2-37 Reg. Serv. 2-38 City: Austin 2-39 ------------------------------------------------------------------- 2-40 Name: Sandy Kibby x 2-41 Representing: Texas PTA 2-42 City: Austin 2-43 ------------------------------------------------------------------- 2-44 Name: Susan Watkins x 2-45 Representing: Dept. of Prot. and Reg. 2-46 Services 2-47 City: Austin 2-48 -------------------------------------------------------------------