By:  Ogden                                                        S.B. No. 1490


A BILL TO BE ENTITLED

AN ACT

relating to certain investigation requirements and other 
procedures in connection with an allegation of child abuse or 
neglect.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 261.302(e), Family Code, is amended to 
read as follows:  
	(e)  An interview with a child alleged to be a victim of 
physical abuse or sexual abuse shall be audiotaped or videotaped 
unless the parents of the child are present for the interview or a 
court of competent jurisdiction, upon a finding of good cause, 
waives the requirement [investigating agency determines that good 
cause exists for not audiotaping or videotaping the interview in 
accordance with rules of the agency.  Good cause may include, but is 
not limited to, such considerations as the age of the child and the 
nature and seriousness of the allegations under investigation].  
Nothing in this subsection shall be construed as prohibiting the 
investigating agency from audiotaping or videotaping an interview 
of a child on any case for which such audiotaping or videotaping is 
not required under this subsection.  The fact that an [the] 
investigating agency failed to audiotape or videotape an interview 
is admissible at the trial of the offense that is the subject of the 
interview.
	SECTION 2.  Section 261.201(a), Family Code, is amended to 
read as follows:  
	(a)  Unless the child has already been returned to the 
parent, managing conservator, possessory conservator, guardian, 
caretaker, or custodian entitled to possession and the temporary 
order, if any, has been dissolved, a full adversary hearing shall be 
held not later than the 14th day after the date the child was taken 
into possession by the governmental entity.  The parent, managing 
conservator, possessory conservator, guardian, caretaker, or 
custodian entitled to possession of the child may petition the 
court to hold the hearing on a date earlier than the date set by the 
court under this subsection.
	SECTION 3.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The change in law made by this Act by the amendment of 
Section 261.302(e), Family Code, applies only to the investigation 
of a report of child abuse or neglect made on or after the effective 
date of this Act, without regard to whether the abuse or neglect 
occurred before, on, or after that date.  The investigation of a 
report made before the effective date of this Act is governed by the 
law in effect on the date the report was made, and the former law is 
continued in effect for that purpose.
	(c)  The change in law made by this Act by the amendment  of 
Section 262.201(a), Family Code, applies only to a hearing with 
regard to a child taken into possession by a governmental entity on 
or after the effective date of this Act.  A hearing with regard to a 
child taken into possession by a governmental entity before the 
effective date of this Act is governed by the law in effect on the 
date the child was taken into possession by the governmental 
entity, and the former law is continued in effect for that purpose.