HB140 - Relating to advisory bodies for the Department of Family and Protective Services, including the creation of the child protective investigations advisory committee and the abolition of the Family and Protective Services Council.

      H.B. No. 140         AN ACT   relating to advisory bodies for the Department of Family and   Protective Services, including the creation of the child protective   investigations advisory committee and the abolition of the Family   and Protective Services Council.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Effective September 1, 2026, Section   521.0003(c), Government Code, is amended to read as follows:          (c)  A reference to any of the following councils means the   executive commissioner or the executive commissioner's designee,   as appropriate, and a function of any of the following councils is a   function of that appropriate person:                (1)  the Health and Human Services Council;                (2)  the Aging and Disability Services Council;                (3)  the Assistive and Rehabilitative Services   Council; or                (4)  [ subject to Chapter 316 (H.B. 5), Acts of the 85th   Legislature, Regular Session, 2017, the Family and Protective   Services Council; or                [ (5) ]  the State Health Services Council.          SECTION 2.  Effective September 1, 2026, Section 552.103(c),   Health and Safety Code, is amended to read as follows:          (c)  The inspector general shall submit the annual status   report to the:                (1)  executive commissioner;                (2)  commissioner of state health services;                (3)  commissioner of the Department of Family and   Protective Services;                (4)  State Health Services Council;                (5)  [ Family and Protective Services Council;                [ (6) ]  governor;                 (6)  [ (7) ]  lieutenant governor;                 (7)  [ (8) ]  speaker of the house of representatives;                 (8)  [ (9) ]  standing committees of the senate and house   of representatives with primary jurisdiction over state hospitals;                 (9)  [ (10) ]  state auditor; and                 (10)  [ (11) ]  comptroller.          SECTION 3.  Effective September 1, 2026, Section 40.002(a),   Human Resources Code, is amended to read as follows:          (a)  The Department of Family and Protective Services is   composed of [ the council, ] the commissioner, an administrative   staff, and other employees necessary to efficiently carry out the   purposes of this chapter.          SECTION 4.  Effective September 1, 2026, Sections 40.004(b)   and (c), Human Resources Code, are amended to read as follows:          (b)  The commissioner [ , with the advice of the council, ]   shall prepare information of public interest describing the   functions of the department.  The commission shall make the   information available to the public and appropriate state agencies.          (c)  The commissioner shall grant an opportunity for a public   hearing [ before the council makes recommendations to the   commissioner regarding a substantive rule ] if a public hearing is   requested by:                (1)  at least 25 persons;                (2)  a governmental entity; or                (3)  an association with at least 25 members.          SECTION 5.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Section 40.031 to read as follows:           Sec.   40.031.     CHILD PROTECTIVE INVESTIGATIONS ADVISORY   COMMITTEE. (a) The commissioner shall establish an advisory   committee on child protective investigations to improve the   accuracy and standardization of the application of investigative   legal requirements and department investigative policies and   procedures during child abuse, neglect, and exploitation   investigations relating to a person described by Section   261.001(5)(A), (B), or (C), Family Code. The advisory committee   shall advise and make recommendations to the department on:                 (1)     developing and implementing policies and   procedures and monitoring training to increase the accuracy and   consistency of abuse, neglect, and exploitation investigation   processes and procedures;                 (2)     developing and implementing a model for conducting   investigations that ensures compliance with due process   requirements;                 (3)     developing a consistent engagement model for   communicating with legal advocates involved in child protective   investigations and courts presiding over child protective services   cases;                 (4)     developing and monitoring effective training for   all investigative employees;                 (5)     monitoring compliance with investigation   procedures and processes;                 (6)     developing and implementing a data-informed model   for conducting investigations; and                 (7)     providing a forum for public input on problems or   concerns related to investigations.           (b)  The advisory committee shall:                 (1)  make recommendations for:                       (A)  conducting child protective investigations;                       (B)     monitoring compliance with investigative   requirements under state and federal law;                       (C)     developing and monitoring the implementation   of policies and procedures to protect the due process rights of   individuals subject to child abuse or neglect investigations; and                       (D)     monitoring the execution of policies and   procedures across all department jurisdictions for the subject of   an investigation;                 (2)  identify any challenges or barriers to:                       (A)     the standardization of child protective   investigative practices and procedures; and                       (B)     the application and implementation of legal   requirements and department investigative policies and procedures   in child abuse and neglect investigations;                 (3)     make recommendations to address issues identified   under Subdivision (2), including any training or other   accountability measures required to address those issues;                 (4)     identify and monitor challenges related to the   department's interaction and collaboration with any external   parties that participate in the investigation processes; and                 (5)     make recommendations for legal procedures for the   operations of parties described by Subdivision (4).           (c)     The advisory committee is composed of the following   members:                 (1)     one member of the public appointed by the governor   to represent the governor's office who shall serve as chair;                 (2)     one member of the public appointed by the   lieutenant governor to represent the lieutenant governor's office   who shall serve as vice chair;                 (3)     one member of the public appointed by the speaker   of the house of representatives to represent the speaker's office;                 (4)     the department employee charged with oversight of   child protective investigations appointed by the commissioner;                 (5)     a regional director of investigations appointed by   the commissioner;                 (6)     at least one child protective investigations   supervisor or investigator appointed by the commissioner from each   of the following:                       (A)  a rural region; and                       (B)  an urban region;                 (7)     a district judge who has experience presiding over   suits affecting the parent-child relationship appointed by the   governor;                 (8)     one parent or caregiver, who has been involved in a   child protective services legal case, appointed by the   commissioner; and                 (9)     four members appointed by the commissioner with   consideration to individuals who have relevant experience as:                       (A)  a county district attorney;                       (B)     an attorney assigned to represent caregivers   in legal cases involving the department;                       (C)     an attorney assigned to represent children or   parents in legal cases involving the department;                       (D)     an associate judge who hears or has heard   child protective legal cases;                       (E)  a state or local law enforcement officer;                       (F)     a parent who has been the subject of a child   protective investigation;                       (G)     an individual who has been in the   conservatorship of the department; or                       (H)     an individual employed as a consultant to   represent the interests of a parent in a child protective   investigation.           (d)     In appointing the members of the advisory committee   under Subsection (c)(9), the commissioner shall consult w [Text truncated for display. 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