H.B. No. 3259
 
 
 
 
AN ACT
  relating to certain investigation records in child abuse and
  neglect cases and to information regarding a child available to
  prospective adoptive parents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Section 162.006, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The department, licensed child-placing agency, or other
  person[, or entity] placing a child for adoption shall inform the
  prospective adoptive parents of their right to examine the records
  and other information relating to the history of the child. The
  department, licensed child-placing agency, or other person [or
  entity] placing the child for adoption shall edit the records and
  information to protect the identity of the biological parents and
  any other person whose identity is confidential.
         (a-1)  The records described by Subsection (a) must include
  any records relating to an investigation of abuse in which the child
  was an alleged or confirmed victim of sexual abuse while residing in
  a foster home or other residential child-care facility. If the
  licensed child-placing agency or other person placing the child for
  adoption does not have the information required by this subsection,
  the department, at the request of the licensed child-placing agency
  or other person placing the child for adoption, shall provide the
  information to the prospective adoptive parents of the child.
         SECTION 2.  Section 264.0145(a), Family Code, is amended to
  read as follows:
         (a)  In this section, "case record" means those files,
  reports, records, communications, audio recordings, video
  recordings [audiotapes, videotapes], or working papers under the
  custody and control of the department that are collected,
  developed, or used:
               (1)  in a child abuse or neglect investigation; or
               (2)  in providing services as a result of an
  investigation, including substitute care services for a child.
         SECTION 3.  Sections 264.408(d), (d-1), and (e), Family
  Code, are amended to read as follows:
         (d)  A video recording of an [videotaped] interview of a
  child that is made at a center is the property of the prosecuting
  attorney involved in the criminal prosecution of the case involving
  the child. If no criminal prosecution occurs, the video recording
  [videotaped interview] is the property of the attorney involved in
  representing the department in a civil action alleging child abuse
  or neglect. If the matter involving the child is not prosecuted,
  the video recording [videotape] is the property of the department
  if the matter is an investigation by the department of abuse or
  neglect. If the department is not investigating or has not
  investigated the matter, the video recording [videotape] is the
  property of the agency that referred the matter to the center. If
  the center employs a custodian of records for video recordings of
  [videotaped] interviews of children, the center is responsible for
  the custody of the video recording [videotape]. A video recording
  of an [videotaped] interview may be shared with other agencies
  under a written agreement.
         (d-1)  A video recording of an [videotaped] interview
  described by Subsection (d) is subject to production under Article
  39.14, Code of Criminal Procedure, and Rule 615, Texas Rules of
  Evidence.  A court shall deny any request by a defendant to copy,
  photograph, duplicate, or otherwise reproduce a video recording
  [videotape] of an interview described by Subsection (d), provided
  that the prosecuting attorney makes the video recording [videotape]
  reasonably available to the defendant in the same manner as
  property or material may be made available to defendants,
  attorneys, and expert witnesses under Article 39.15(d), Code of
  Criminal Procedure.
         (e)  The department shall be allowed access to a center's
  video recordings of [videotaped] interviews of children.
         SECTION 4.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3259 was passed by the House on April
  18, 2013, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3259 on May 23, 2013, by the following vote:  Yeas 145, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3259 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor