By Dukes                                              H.B. No. 2157
         76R7825 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the preliminary investigation of a report of child
 1-3     abuse or neglect.
 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 261.300 to read as follows:
 1-7           Sec. 261.300.  PRELIMINARY INVESTIGATION.  (a)  The
 1-8     department or designated agency shall conduct a preliminary
 1-9     investigation of a report of  child abuse or neglect allegedly
1-10     committed by a person responsible for a child's care, custody, or
1-11     welfare.
1-12           (b)  After conducting the preliminary investigation under
1-13     this section, the department or designated agency shall determine
1-14     whether there is  sufficient evidence of child abuse or neglect to
1-15     warrant a full investigation under Section 261.301.
1-16            (c)  The department or designated agency may close an
1-17     investigation if, after conducting a preliminary investigation
1-18     under this section, the department or designated agency determines
1-19     that there is insufficient evidence of child abuse or neglect to
1-20     warrant a full investigation under Section 261.301.
1-21           SECTION 2.  Section 261.301(a), Family Code, is amended to
1-22     read as follows:
1-23           (a)  Except as provided by Section 261.300(c) [With
1-24     assistance from the appropriate state or local law enforcement
 2-1     agency], the department or designated agency, with assistance from
 2-2     the appropriate state or local law enforcement agency, shall make a
 2-3     prompt and thorough investigation of a report of child abuse or
 2-4     neglect allegedly committed by a person responsible for a child's
 2-5     care, custody, or welfare.  The investigation shall be conducted
 2-6     without regard to any pending suit affecting the parent-child
 2-7     relationship.
 2-8           SECTION 3.  (a)  This Act takes effect September 1, 1999, and
 2-9     applies only to a report of child abuse or neglect made on or after
2-10     that date.
2-11           (b)  A report of child abuse or neglect that is made before
2-12     the effective date of this Act is governed by the law in effect on
2-13     the date the report was made, and the former law is continued in
2-14     effect for that purpose.
2-15           SECTION 4.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.