BILL ANALYSIS

 

 

 

C.S.H.B. 932

By: Turner, Sylvester

Human Services

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Recent reports contend that the rate of child deaths resulting from abuse and neglect continues to be higher in Texas than in other states.  Concerned parties assert that the deaths of children in the custody of the Department of Family and Protective Services (DFPS) are particularly troubling and warrant legislative priority and prompt review. C.S.H.B. 932 seeks to increase the awareness, oversight, and review of deaths of children within the custody of DFPS by establishing notification requirements relating to the death of such a child.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 932 amends the Family Code to require the Department of Family and Protective Services (DFPS), not later than the fifth day after the date DFPS is notified of the death of a child for whom DFPS has been appointed managing conservator, to provide the specific statutorily required information regarding the child and the child's death to the state senators and state representatives who represent the county in which the child's placement at the time of the child's death was located and the county in which a suit affecting the parent-child relationship involving the child is pending.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 932 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Subchapter A, Chapter 264, Family Code, is amended by adding Section 264.0121 to read as follows:

Sec. 264.0121.  NOTICE TO LEGISLATOR OF FOSTER CHILD'S DEATH.  Not later than 48 hours after the department is notified of the death of a child for whom the department has been appointed managing conservator, the department shall provide notice of the child's death to the state senator and state representative who represent:

 

(1)  the district in which the child resided; and

(2)  the district in which a parent of the child resides.

 

SECTION 1.  Subchapter A, Chapter 264, Family Code, is amended by adding Section 264.0121 to read as follows:

Sec. 264.0121.  NOTICE TO LEGISLATORS OF FOSTER CHILD'S DEATH.  Not later than the fifth day after the date the department is notified of the death of a child for whom the department has been appointed managing conservator, the department shall provide the information described by Section 261.203(a) for the child to the state senators and state representatives who represent:

(1)  the county in which the child's placement at the time of the child's death was located; and

(2)  the county in which a suit affecting the parent-child relationship involving the child is pending.

 

SECTION 2.  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, 2013.

 

SECTION 2. Same as introduced version.