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Amend SB 200 (house committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering the remaining ARTICLES of the bill as appropriate:
ARTICLE ____. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
SECTION ____.01. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.317 to read as follows:
Sec. 261.317. LIMIT ON USE AND TRANSMISSION OF CERTAIN PHOTOGRAPHIC EVIDENCE. Except as provided by Subsection (b), the department may not request, use, or transmit by electronic means any photograph of a child that depicts the child in any state of undress.
SECTION ____.02. Section 262.104, Family Code, as amended by SB 219, Acts of the 84th Legislature, Regular Session, 2015, is amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsections (a) and (b), the Department of Family and Protective Services may not request or accept the assistance of a law enforcement officer when taking possession of a child without obtaining a temporary order, temporary restraining order, or attachment under Section 262.102(a).
SECTION ____.03. Subchapter B, Chapter 264, Family Code, is amended by adding Section 264.1073 to read as follows:
Sec. 264.1073. OUT-OF-STATE PLACEMENTS. The department may not place a child with a person who lives in another state unless the person is the child's biological parent, brother, sister, aunt, uncle, grandparent, or great-grandparent.
SECTION ____.04. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Sections 40.038 and 40.039 to read as follows:
Sec. 40.038. DISCIPLINARY ACTION; FALSE REPORTS. The department's rules and procedures relating to disciplinary action taken against department employees must provide for the immediate dismissal of an employee who intentionally falsifies a department document or places false or misleading information in a department report.
Sec. 40.039. PROHIBITED ACTIONS. The department may not:
(1) retaliate or take any other adverse action against a person who requests assistance from an elected official relating to an action taken by the department;
(2) through the actions of a department employee, intimidate a person;
(3) take an action against a person with the intent to intimidate the person;
(4) through the actions of a department employee, unreasonably delay or discourage a request for adoption; or
(5) take an action against a person with the intent to unreasonably delay or discourage a request for adoption.