89R3731 AMF-D     By: Gervin-Hawkins H.B. No. 534       A BILL TO BE ENTITLED   AN ACT   relating to an external audit of investigations conducted by the   Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 261, Family Code, is   amended by adding Section 261.3092 to read as follows:          Sec. 261.3092.  EXTERNAL AUDIT OF DEPARTMENT   INVESTIGATIONS. (a)  If the number of complaints filed relating to   abuse or neglect investigations conducted by the department   annually is equal to 15 percent or more of the total number of   investigations conducted by the department during that year, the   department shall select an external auditor to conduct an audit of   the department's investigative procedures.  The external auditor   shall be independent and not subject to direction from the   department.          (b)  An audit under Subsection (a) must:                (1)  determine the number of reports of abuse or   neglect the department received during four randomly selected   months during the one-year period immediately preceding the audit,   and the number of reports of abuse or neglect for which the   department conducted an investigation;                (2)  determine, if the department did not conduct an   investigation in response to a report of abuse or neglect, the   reason the department did not conduct an investigation in response   to the report;                (3)  assess any deficiencies in the department's   response to reports of abuse or neglect, including failure to   conduct an investigation when an investigation was warranted;                (4)  assess the department's compliance with procedures   relating to the reporting and investigation of reports of abuse or   neglect;                (5)  make recommendations regarding any necessary   revisions to the department's procedures relating to the reporting   and investigation of reports of abuse or neglect, including   revisions necessary to correct deficiencies in the department's   response to reports of abuse or neglect; and                (6)  make recommendations regarding any other changes   to be implemented by the department, including workforce or   organizational improvements or additional training.          (c)  The department shall pay the costs associated with an   audit under this section using existing resources.          (d)  The auditor shall submit an audit report containing the   information under Subsection (b) to the department, the   legislature, and the governor.          (e)  The department shall develop a plan to address all   concerns and implement all recommendations from the audit not later   than the 90th day after receiving the audit report under Subsection   (d).          (f)  If the audit report under Subsection (d) indicates that   any individual department employee has received complaints in 30   percent or more of the audited investigations the employee has   conducted, the department shall conduct an employment review to   investigate the validity of the complaints.          (g)  If the legislature or the governor determines the   department has failed to address the concerns and implement the   recommendations of the audit report under Subsection (d) before the   end of the 15th working day after the date the department develops   the plan under Subsection (e), the department shall engage the same   auditor to conduct an additional audit under this section not later   than the 30th day after the date the legislature or the governor   makes the determination, unless the auditor is unable to perform   the audit, in which case the department shall select another   external auditor to conduct the audit.          SECTION 2.  This Act takes effect September 1, 2025.