Bill Text: TX SB1543 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to notice requirements regarding the right to record certain interviews conducted by the Department of Family and Protective Services.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1543 Detail]
Download: Texas-2019-SB1543-Comm_Sub.html
By: Menéndez | S.B. No. 1543 | |
(Frank) | ||
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relating to notice requirements regarding the right to record | ||
certain interviews conducted by the Department of Family and | ||
Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 40, Human Resources Code, | ||
is amended by adding Section 40.045 to read as follows: | ||
Sec. 40.045. NOTICE REGARDING RECORDING OF INVESTIGATIVE | ||
INTERVIEWS. (a) This section applies to all investigations | ||
conducted by the department, including investigations conducted by | ||
the adult protective services division and the child protective | ||
services division. | ||
(b) Except as provided by Subsection (c), before a | ||
department employee conducts an interview as part of a department | ||
investigation, the employee shall: | ||
(1) orally notify the person who is the subject of the | ||
interview that the person has the right to record the interview | ||
using an audio recording device; and | ||
(2) obtain written verification from the person who is | ||
the subject of the interview that the department employee provided | ||
the notice required by Subdivision (1). | ||
(c) A department employee is not required to provide the | ||
notice described by Subsection (b) to: | ||
(1) an alleged victim of self-neglect; or | ||
(2) a person who the department employee suspects is | ||
incapacitated. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |