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
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