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89(R) SB 2785 - House Committee Report version - Bill Text
By: Birdwell
S.B. No. 2785
(VanDeaver)
A BILL TO BE ENTITLED
AN ACT
relating to notification and disclosure of records and information
concerning an investigation of a report of child abuse or neglect to
county or district attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.1055, Family Code, is amended to
read as follows:
Sec. 261.1055. NOTIFICATION
AND RELEASE
OF
CERTAIN
INFORMATION TO COUNTY OR
DISTRICT ATTORNEYS. (a) A
county or
district attorney may inform the department that the
county or
district attorney wishes to receive notification of some or all
reports of suspected abuse or neglect of children who were in the
county at the time the report was made or who were in the county at
the time of the alleged abuse or neglect.
(b) If the
county or
district attorney makes the
notification under
Subsection (a)
[
this section
], the department
shall, on receipt of a report of suspected abuse or neglect,
immediately notify the
county or
district attorney as requested and
the department shall forward a copy of the reports to the
county or
district attorney on request.
(c)
If the conduct that is the subject of an investigation
of abuse or neglect constitutes an offense against a child under one
of the following provisions of the Penal Code, on the arrest of a
person for the offense a county or district attorney may request a
copy of the report of the abuse or neglect investigation prepared by
the department under Section 261.308 and all available information
concerning the investigation:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 19.04 (manslaughter);
(4)
Section 20A.02(a)(7) or (8) (trafficking of
persons);
(5)
Section 21.02 (continuous sexual abuse of young
child or disabled individual);
(6) Section 21.11 (indecency with a child);
(7) Section 22.011 (sexual assault);
(8) Section 22.02 (aggravated assault);
(9) Section 22.021 (aggravated sexual assault);
(10)
Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(11)
Section 22.041 (abandoning or endangering a
child, elderly individual, or disabled individual);
(12) Section 25.02 (prohibited sexual conduct);
(13) Section 43.05(a)(2) (compelling prostitution);
(14) Section 43.25 (sexual performance by a child); or
(15)
Section 43.26 (possession or promotion of child
pornography).
(d)
If a county or district attorney makes a request under
Subsection (c), the department shall forward a copy of the
investigation report and any available information requested,
including information that is confidential under Section 261.201,
not later than the 30th day after the date of the request.
(e)
The investigation report and information released by
the department to a county or district attorney under Subsection
(d) is not subject to public release by the county or district
attorney under Chapter 552, Government Code, and may only be
disclosed for purposes consistent with Articles 39.14, 39.15, and
39.151, Code of Criminal Procedure.
SECTION 2. This Act takes effect September 1, 2025.