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 with the   chair of each standing committee of the legislature with primary   jurisdiction over child protective services.          (e)  An individual may not serve on the advisory committee as   a member appointed under Subsection (c)(1), (2), (3), (7), (8), or   (9) if the individual is:                (1)  employed by a state agency or contracts with the   department, child welfare vendors, or behavioral health providers   and organizations contracted with the department or the Health and   Human Services Commission, notwithstanding approved department or   judicial personnel; or                (2)  related within the third degree of consanguinity   to individuals who work at the department or for organizations that   contract with the department or hold contracts with vendors of the   department, including vendors in community-based care.          (f)  Members of the advisory committee shall recuse   themselves from the committee's deliberation regarding   recommendations that directly relate to a case that involves the   member.  Members of the advisory committee who are employed by the   department serve as nonvoting members.          (g)  The chair of the advisory committee shall direct the   advisory committee and the department shall provide administrative   support and resources to the advisory committee as necessary for   the advisory committee to perform the advisory committee's duties   under this section.          (h)  The advisory committee shall meet quarterly in Austin or   at another location determined by the chair.  A meeting of the   advisory committee is subject to Chapter 551, Government Code.  The   advisory committee may conduct a closed meeting in accordance with   Subchapter E, Chapter 551, Government Code, to discuss information   related to a case under review by the committee under Subsection   (i).  The advisory committee shall:                (1)  provide a period for public comment during at   least one public meeting each year;                (2)  present recommendations made under this section to   improve the quality and consistency of child protective   investigations; and                (3)  post public notice for meetings conducted for the   sole purpose of reviewing cases under Subsection (i).          (i)  The department shall provide a random sample of closed   child protective investigations for advisory committee review.  The   department shall, in accordance with this section, provide relevant   case information to enable the advisory committee to review the   case.  The information provided to the advisory committee under   this subsection may not include identifying information for   individuals involved in the investigation, including an   individual's name, address, or date of birth.          (j)  The following is confidential and not subject to   disclosure under Chapter 552:                (1)  any information provided to the advisory committee   regarding a child protective investigation;                (2)  information from investigation records, including   the department's determinations as a result of the investigation;   and                (3)  advisory committee work product.          (k)  The department shall adopt and implement procedures to   ensure that confidential information is not disclosed in violation   of this section.          (l)  Not later than September 30 of each year, the advisory   committee shall submit a report to the governor, the lieutenant   governor, the speaker of the house of representatives, members of   the legislature, and the commissioner.  The department shall   publish the report on the department's Internet website.  The   report must include the following information for the state and for   each department region for the two state fiscal years preceding the   state fiscal year in which the report is published:                (1)  the number of:                      (A)  phone calls made to the agency that resulted   in an investigation for child abuse or neglect;                      (B)  completed investigations for child abuse or   neglect;                      (C)  each type of case disposition;                      (D)  administrative closures;                      (E)  abbreviated investigations;                      (F)  children removed from the child's home;                      (G)  children placed in foster care;                      (H)  cases in which the child was not removed from   the child's home but the family received family-based safety   services or family preservation services;                      (I)  cases per investigator in unspecialized   investigative units; and                      (J)  cases per investigator in specialized   investigative units;                (2)  the average employment rate for unspecialized   investigators and supervisors and specialized investigators and   supervisors;                (3)  the average amount of time to complete   investigations for each level of investigation;                (4)  the total number of administrative reviews of   investigation findings and the results of those investigations for   that year;                (5)  the number of complaints filed with the office of   consumer affairs of the department and the Office of Inspector   General;                (6)  any identified challenges to:                      (A)  the standardization of an investigative   training program; and                      (B)  the application and implementation in the   field or of legal requirements and department investigative   policies and procedures in child abuse and neglect investigations;                (7)  the committee's recommendations for improving any   identified challenges under Subdivision (6), including any human   resource accountability measures to address those issues; and                (8)  recommendations for legislative or other action   related to human resource accountability measures for individuals   investigating or supervising the investigation of cases of   suspected child abuse or neglect.          (m)  The advisory committee is abolished and this section   expires on September 1, 2029.          SECTION 6.  Effective September 1, 2026, Sections 40.045(e)   and (i), Human Resources Code, are amended to read as follows:          (e)  Not later than March 1 of the state fiscal year in which   an efficiency audit is required under this section, the   commissioner, in collaboration with [the council,] the   department's chief financial officer[,] and the department's   internal audit director, shall select an external auditor to   conduct the efficiency audit.          (i)  Not later than November 1 of the calendar year an   efficiency audit is conducted, the auditor shall prepare and submit   a report of the audit and recommendations for efficiency   improvements to the governor, the Legislative Budget Board, the   state auditor, the commissioner, [the council,] and the chairs of   the House Human Services Committee and the Senate Health and Human   Services Committee.          SECTION 7.  Effective September 1, 2026, the following   provisions of the Human Resources Code are repealed:                (1)  Section 40.001(2-a);                (2)  Section 40.021;                (3)  Section 40.022;                (4)  Section 40.023;                (5)  Section 40.024;                (6)  Section 40.025; and                (7)  Section 40.026.          SECTION 8.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 140 was passed by the House on April   25, 2025, by the following vote:  Yeas 129, Nays 2, 3 present, not   voting; that the House concurred in Senate amendments to H.B. No.   140 on May 19, 2025, by the following vote:  Yeas 117, Nays 7, 1   present, not voting; and that the House adopted H.C.R. No. 156   authorizing certain corrections in H.B. No. 140 on May 25, 2025, by   the following vote:  Yeas 116, Nays 7, 3 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 140 was passed by the Senate, with   amendments, on May 9, 2025, by the following vote:  Yeas 31, Nays 0;   and that the Senate adopted H.C.R. No. 156 authorizing certain   corrections in H.B. No. 140 on May 27, 2025, by a viva-voce vote.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor