BILL ANALYSIS

C.S.H.B. 1534

By: Campos

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

H.B. 135, passed by the 87th Texas Legislature, required the Department of Family and Protective Services (DFPS) to inform an alleged perpetrator in a child abuse or neglect investigation of the person's right to create an audio or video recording of an interview and to request an administrative review of DFPS's findings. However, the bill author has informed the committee that there is a need to ensure that these requirements are being met and that doing so will aid DFPS in collecting data for an administrative review investigative findings report, which provides data on the number of upheld, reversed, or altered removals. C.S.H.B. 1534 seeks to require the court in a child protection suit, before an adversary hearing, to confirm in writing and in open court that an alleged perpetrator was notified of certain rights and provided specified information.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 1534 amends the Family Code to require a court, before commencement of a full adversary hearing held in a child protection suit filed by a governmental entity, to confirm in writing and in open court the following:

· before interviewing an alleged perpetrator, the Department of Family and Protective Services (DFPS) informed the person of the person's right to create an audio or video recording of the interview and to request an administrative review of DFPS's findings of whether child abuse or neglect occurred; and

· as soon as possible after initiating an investigation of a parent or other person having legal custody of a child, DFPS provided the person with certain information relating to DFPS investigation procedures and child placement resources as required by state law.

C.S.H.B. 1534 applies to a suit affecting the parent-child relationship that is filed on or after the bill's effective date. A suit filed before the bill's effective date is governed by the law in effect on the date that the suit is filed, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1534 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute omits the introduced version's prohibition against a court from considering any evidence gathered from or provided by the alleged perpetrator during the investigation or interview if the court determines that the alleged perpetrator was not fully informed of the person's rights or provided certain information, unless the court has good cause to believe that excluding that evidence would significantly impair the child's physical health or emotional development.