SB 2785

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.