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A BILL TO BE ENTITLED
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AN ACT
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relating to notice requirements regarding the right to record |
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certain interviews conducted by the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.045 to read as follows: |
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Sec. 40.045. NOTICE REGARDING RECORDING OF INVESTIGATIVE |
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INTERVIEWS. (a) This section applies to all investigations |
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conducted by the department, including investigations conducted by |
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the adult protective services division and the child protective |
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services division. |
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(b) Except as provided by Subsection (c), before a |
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department employee conducts an interview as part of a department |
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investigation, the employee shall: |
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(1) orally notify the person who is the subject of the |
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interview that the person has the right to record the interview |
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using an audio recording device; and |
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(2) obtain written verification from the person who is |
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the subject of the interview that the department employee provided |
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the notice required by Subdivision (1). |
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(c) A department employee is not required to provide the |
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notice described by Subsection (b) to: |
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(1) an alleged victim of self-neglect; or |
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(2) a person who the department employee suspects is |
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incapacitated. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |