By:  Williams                                                     S.B. No. 1132


A BILL TO BE ENTITLED

AN ACT

relating to the admission of certain video testimony into evidence 
in a proceeding regarding the abuse or neglect of a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 104, Family Code, is amended by adding 
Section 104.007 to read as follows:
	Sec. 104.007.  PRERECORDED VIDEOTAPED TESTIMONY OF CERTAIN 
PROFESSIONALS.  (a)  In this section, "professional" has the 
meaning assigned by Section 261.101(b).
	(b)  In a proceeding brought by the Department of Protective 
and Regulatory Services concerning a child who is alleged in a suit 
to have been abused or neglected, the court may order that the 
testimony of a professional be taken outside the courtroom and 
recorded on videotape.
	(c)  In ordering testimony to be taken as provided by 
Subsection (b), the court shall ensure that the method of 
videotaping the testimony allows:
		(1)  the parties and attorneys involved in the 
proceeding to be able to see and hear the professional as the 
professional testifies; and
		(2)  the professional to be able to see and hear the 
parties and attorneys examining the professional while the 
professional is testifying.
	(d)  If the court permits the testimony of a professional 
that is videotaped as provided by this section to be admitted during 
the proceeding, the professional may not be compelled to be 
physically present in court during the same proceeding to provide 
the same testimony.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies to testimony 
taken on or after the effective date of this Act in a proceeding in a 
suit affecting the parent-child relationship involving an 
allegation of the abuse or neglect of a child regardless of whether:
		(1)  the allegation was made before, on, or after the 
effective date of this Act; or
		(2)  the suit commenced before, on, or after the 
effective date of this Act.