By Dukes                                              H.B. No. 2074
         76R6998 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the investigation of child abuse or neglect by law
 1-3     enforcement agencies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 261, Family Code, is
 1-6     amended by adding Section 261.317 to read as follows:
 1-7           Sec. 261.317.  INVESTIGATION BY LAW ENFORCEMENT AGENCY.  (a)
 1-8     If the department or designated agency takes possession of a child
 1-9     under Chapter  262 after conducting an investigation of a report of
1-10     suspected child abuse or neglect, the department or designated
1-11     agency shall report the removal of the child to the appropriate
1-12     local law enforcement agency.
1-13           (b)  A local law enforcement agency that receives a report
1-14     under Subsection (a)  shall conduct an investigation regarding the
1-15     suspected child abuse or neglect unless the law enforcement agency
1-16     assisted in the investigation, as provided by Section 261.301, that
1-17     was the basis for the removal of the child under Chapter 262.  The
1-18     investigation must include:
1-19                 (1)  a visit to the child's home, unless the alleged
1-20     abuse or neglect can be confirmed or clearly ruled out without a
1-21     home visit;
1-22                 (2)  an interview with the person from the department
1-23     or designated agency who conducted the investigation of a report of
1-24     child abuse or neglect that resulted in the removal of the child;
 2-1     and
 2-2                 (3)  an interview with any other person who may have
 2-3     information relevant to the investigation, including a parent,
 2-4     neighbor, teacher, or child-care provider of the child.
 2-5           SECTION 2.  This Act takes effect September 1, 1999, and
 2-6     applies only to the removal of a child under Chapter 262, Family
 2-7     Code, that occurs on or after that date. The removal of a child
 2-8     before the effective date of this Act is governed by the law in
 2-9     effect on the date of removal, and the former law is continued in
2-10     effect for that purpose.
2-11           SECTION 3.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended.