Relating to admissibility and disclosure of certain evidence in a civil suit concerning a child alleged to have been abused or neglected or to be at risk of abuse or neglect filed by a governmental entity.

89(R) HB 3758 - House Committee Report version - Bill Text

89R26286 AMF-D

By: Schatzline

H.B. No. 3758

Substitute the following for H.B. No. 3758:

By: Hayes

C.S.H.B. No. 3758

A BILL TO BE ENTITLED

AN ACT

relating to admissibility and disclosure of certain evidence in a

civil suit concerning a child alleged to have been abused or

neglected or to be at risk of abuse or neglect filed by a

governmental entity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 104, Family Code, is amended by

designating Sections 104.001 through 104.008 as Subchapter A and

adding a subchapter heading to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 2. Chapter 104, Family Code, is amended by adding

Subchapter B to read as follows:

SUBCHAPTER B. CERTAIN SUITS FILED BY A GOVERNMENTAL ENTITY

Sec.

104.101.

STATEMENT BY INDIVIDUAL UNDERGOING SUBSTANCE

USE DISORDER TREATMENT OR EVALUATION. In a civil suit filed by a

governmental entity concerning a child who is alleged in the suit to

have been abused or neglected or to be at risk of abuse or neglect, a

statement made by an individual undergoing voluntary or

court-ordered treatment for a substance use disorder, or undergoing

an evaluation for admission to treatment for a substance use

disorder that is court-ordered or required under a service plan

developed under Subchapter B, Chapter 263, is not admissible in any

civil proceeding for use against the individual if the statement

was made to any person involved in the individual's treatment or

evaluation.

Sec.

104.102.

STATEMENT BY INDIVIDUAL UNDERGOING MENTAL

HEALTH TREATMENT OR EVALUATION. In a civil suit filed by a

governmental entity concerning a child who is alleged in the suit to

have been abused or neglected or to be at risk of abuse or neglect, a

statement made by an individual undergoing voluntary or

court-ordered therapeutic treatment for a mental illness, or

undergoing a psychological, psychosocial, or psychiatric

evaluation for that treatment that is court-ordered or required

under a service plan developed under Subchapter B, Chapter 263, is

not admissible for use against the individual in any civil

proceeding if the statement was made to any person involved in the

individual's treatment or evaluation.

Sec.

104.103.

STATEMENT BY PERSON REQUIRED TO REPORT ABUSE

OR NEGLECT OF CHILD. In a civil suit filed by a governmental entity

concerning a child who is alleged in the suit to have been abused or

neglected or to be at risk of abuse or neglect, an out-of-court

statement regarding any alleged abuse or neglect made to an entity

described by Section 261.103 under Subchapter B, Chapter 261, is

not admissible into evidence in any civil proceeding unless the

statement can be independently corroborated by other evidence.

Sec.

104.104.

STATEMENT OR TESTIMONY OF ALLEGED PERPETRATOR

OF ABUSE OR NEGLECT. In a civil suit filed by a governmental entity

concerning a child who is alleged in the suit to have been abused or

neglected or to be at risk of abuse or neglect, the alleged

perpetrator of any abuse or neglect may not be compelled to make a

statement during an investigation under Chapter 261 or to testify

at any civil proceeding. Neither the court nor the counsel may

comment on the alleged perpetrator's refusal to make a statement or

to testify, and the trier of fact may not draw any adverse inference

from the alleged perpetrator's refusal to make a statement or to

testify.

SECTION 3. Chapter 301, Family Code, is amended by adding

Subchapter D, and a heading is added to that subchapter to read as

follows:

SUBCHAPTER D. DISCLOSURES IN SUIT FILED BY A GOVERNMENTAL ENTITY

SECTION 4. Section 262.014, Family Code, is transferred to

Subchapter D, Chapter 301, Family Code, as added by this Act,

redesignated as Section 301.151, Family Code, and amended to read

as follows:

Sec.
301.151
[
262.014
]. DISCLOSURE OF CERTAIN EVIDENCE
IN

CERTAIN SUITS
.
(a) In
[
On the request of the attorney for a parent

who is a party in
] a
civil
suit
concerning a child who is alleged to

have been abused or neglected or to be at risk of abuse or neglect

[
affecting the parent-child relationship
] filed
by a governmental

entity
[
under this chapter, or the attorney ad litem for the

parent's child
], the
governmental entity
[
Department of Family and

Protective Services
] shall[
, before the full adversary hearing,
]

provide
to each party
:

(1) the name of any person, excluding
an
[
a

department
] employee
of the governmental entity
, whom the

governmental entity
[
department
] will call as a witness to any of

the allegations contained in the petition filed by the
governmental

entity and any witness statement provided by the person

[
department
];

(2) a copy of any offense report relating to the

allegations contained in the petition filed by the
governmental

entity
[
department that will be used in court to refresh a witness's

memory
]; [
and
]

(3) a copy of any photograph, video, or recording

relating to the allegations contained in the petition filed by the

governmental entity;

(4)

a copy of any medical record or report submitted to

the governmental entity by a medical provider, including a provider

with the forensic assessment center network regarding a child who

is the subject of the suit;

(5)

all exculpatory, impeachment, or mitigating

evidence in the possession, custody, or control of the governmental

entity or its agent that:

(A)

is relevant to a parent who is a party in the

suit; and

(B)

tends to negate any claim of abuse or neglect

of a child by the parent; and

(6)

a true and correct copy of any investigative file

under Chapter 261, including any intake report, with only the

identifying information of a reporting party redacted
[
that will be

presented as evidence
].

(b)

In a civil suit filed by a governmental entity

concerning a child who is alleged to have been abused or neglected

or to be at risk of abuse or neglect, the governmental entity shall

provide the information under Subsection (a) not later than the

fifth business day before the date of:

(1)

the full adversary hearing in a suit filed under

Section 262.101 or 262.105; or

(2)

the initial hearing in a suit filed under Section

262.404 or 264.203.

(c)

If at any time before, during, or after a hearing or

before the end of a trial, the governmental entity or its agents

discover any additional document, item, or information required to

be disclosed under Subsection (a), the governmental entity shall

immediately provide the document, item, or information to each

party.

(d)

If after a trial the governmental entity or its agents

discover any additional document, item, or information described by

Subsection (a)(5), the governmental entity shall immediately

provide the document, item, or information to each party.

(e)

In a civil suit filed by a governmental entity

concerning a child who is alleged to have been abused or neglected

or to be at risk of abuse or neglect, any document, item, or

information not timely disclosed in accordance with this section is

not admissible in any civil proceeding if submitted by the

governmental entity.

(f)

To the extent of any conflict, this section prevails

over Chapter 552, Government Code.

(g)

This section does not prohibit the parties in a civil

suit concerning a child who is alleged to have been abused or

neglected or to be at risk of abuse or neglect filed by a

governmental entity from requesting discovery and documentation

under this section or the Texas Rules of Civil Procedure.

SECTION 5. The change in law made by this Act applies to a

civil suit filed by a governmental entity that is pending on the

effective date of this Act or filed on or after the effective date

of this Act.

SECTION 6. This Act takes effect September 1, 2025.