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AN ACT
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relating to reports of child abuse or neglect and certain |
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preliminary investigations of those reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.104, Family Code, is amended to read |
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as follows: |
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Sec. 261.104. CONTENTS OF REPORT; NOTICE. (a) The |
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individual [person] making a report shall identify, if known: |
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(1) the name and address of the child; |
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(2) the name and address of the person responsible for |
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the care, custody, or welfare of the child; [and] |
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(3) the facts that caused the individual to believe |
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the child has been abused or neglected and the source of the |
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information; |
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(4) the individual's name and telephone number; |
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(5) the individual's: |
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(A) home address; or |
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(B) if the individual is a professional as |
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defined by Section 261.101(b), the individual's business address |
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and profession; and |
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(6) any other pertinent information concerning the |
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alleged or suspected abuse or neglect. |
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(b) If the individual making a report of child abuse or |
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neglect uses the toll-free telephone number the department operates |
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for reporting child abuse or neglect and the individual is |
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unwilling to provide the information described by Subsection |
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(a)(4), the department representative receiving the report shall |
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notify the individual that: |
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(1) the department is not authorized to accept an |
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anonymous report of abuse or neglect; |
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(2) the individual may report the abuse or neglect by |
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making a report to any local or state law enforcement agency; and |
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(3) the identity of an individual making a report |
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under this subchapter is confidential and may be disclosed only: |
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(A) as provided by Section 261.201; or |
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(B) to a law enforcement officer for the purposes |
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of conducting a criminal investigation of the report. |
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(c) The department representative or other person receiving |
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a report of child abuse or neglect shall use the person's best |
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efforts to obtain the information described by Subsection (a). |
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(d) If a report of abuse or neglect is made orally, the |
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department or local or state law enforcement agency receiving the |
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report shall: |
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(1) notify the individual making the report that: |
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(A) the report is being recorded; and |
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(B) making a false report is a criminal offense |
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under Section 261.107 punishable as a state jail felony or a third |
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degree felony; and |
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(2) make an audio recording of the report. |
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SECTION 2. Section 261.201, Family Code, is amended by |
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adding Subsections (m) and (n) to read as follows: |
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(m) An employee of the department may only have access to |
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the identity of the person making a report of alleged or suspected |
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abuse or neglect under this chapter if: |
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(1) the employee is directly involved with an |
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investigation, case, or other process involving the child who is |
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the subject of the report or the child's parent or other person |
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having legal custody of the child; |
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(2) the employee supervises, directly or indirectly, |
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an employee described by Subdivision (1); or |
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(3) the employee has any other legitimate professional |
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interest in an investigation, case, or other process involving the |
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child who is the subject of the report or the child's parent or |
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other person having legal custody of the child that necessitates |
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access to the identity of the person who made the report. |
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(n) The department shall adopt rules to implement |
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Subsection (m). |
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SECTION 3. Section 261.304(a), Family Code, is amended to |
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read as follows: |
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(a) If an individual makes [the department receives] an |
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anonymous report of child abuse or neglect by a person responsible |
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for a child's care, custody, or welfare to a local or state law |
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enforcement agency and the agency refers the report to the |
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department, the department shall conduct a preliminary |
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investigation to determine whether there is any evidence to |
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corroborate the report. |
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SECTION 4. Section 261.307, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Before taking any action under Section 261.304, a |
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department representative must provide to a parent or other person |
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having legal custody of a child who is under investigation: |
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(1) information regarding the representative's |
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identity; |
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(2) the summary described by Subsection (a)(1); and |
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(3) a reasonable amount of time to read or review the |
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summary. |
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SECTION 5. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 63 was passed by the House on April |
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26, 2023, by the following vote: Yeas 94, Nays 51, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 63 was passed by the Senate on May 18, |
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2023, by the following vote: Yeas 20, Nays 11. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |