89th Legislature

SB 1141

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1141 amends the Texas Family Code to enhance procedural protections for individuals involved in child protection investigations initiated by the Department of Family and Protective Services (DFPS). Specifically, the bill adds Section 262.2011, which requires a court, prior to the full adversary hearing in a suit affecting the parent-child relationship, to confirm both in writing and in open court that DFPS has informed the alleged perpetrator of certain statutory rights and notices.

These required confirmations include three main elements. First, DFPS must have informed the alleged perpetrator of their right to create an audio or video recording of any interview conducted by the department, as authorized under Section 261.3027 of the Family Code. Second, the department must have notified the individual of their right to request an administrative review of DFPS’s investigative findings, as provided in Section 261.3091. Third, at the outset of the investigation, DFPS must have supplied the alleged perpetrator with the notice required under Section 261.307, which typically outlines the purpose of the investigation and the individual's rights during the process.

The legislation ensures that the court verifies these procedural steps have been fulfilled before moving forward with any adversarial hearing that could result in the removal of a child or other significant legal consequences. Importantly, the bill includes a transition clause stipulating that it applies only to suits filed on or after its effective date. Cases filed prior to that date are governed by the previous law.

By instituting these safeguards, SB 1141 aims to reinforce transparency, due process, and individual rights in the context of state-initiated interventions into familial relationships, ensuring that DFPS adheres to established legal protocols before taking further action.

The differences between the originally filed version of SB 1141 and the Committee Substitute reflect a meaningful shift in legislative intent and legal effect. Both versions aim to safeguard due process for individuals involved in Department of Family and Protective Services (DFPS) investigations by requiring that alleged perpetrators be notified of specific rights, such as the right to record interviews and to request administrative review, before a full adversary hearing is held. However, they diverge significantly in how the court should respond if DFPS fails to meet these obligations.

In the originally filed version, SB 1141 included a strong enforcement mechanism: it prohibited courts from considering any evidence obtained from or provided by the alleged perpetrator during DFPS's investigation if the required notices were not given. This evidentiary exclusion rule could only be overridden if the court found, with good cause, that a child was in imminent danger under aggravated circumstances. If such an exception were applied, the court was required to justify its decision in writing or on the record. This approach created a clear consequence for procedural noncompliance, giving courts a tangible tool to protect due process rights and incentivize DFPS adherence to statutory requirements.

The Committee Substitute, by contrast, removed that exclusionary provision entirely. While it still mandates that courts confirm DFPS provided the necessary notices before the full adversary hearing, it no longer imposes any penalty for failing to do so. The substitute focuses on procedural confirmation rather than legal enforcement, shifting the bill’s emphasis from judicial accountability mechanisms to transparency and record-building.

In essence, the original bill sought to create enforceable procedural safeguards through evidentiary consequences, while the substitute offers a lighter-touch approach, relying on public court confirmations without substantive penalties. This change may make the bill more politically viable and administratively flexible, but also weakens its ability to compel compliance from DFPS in high-stakes child welfare cases.
Author
Borris Miles
Sponsor
Elizabeth Campos
Josey Garcia
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 1141 are expected to be minimal. There is no significant fiscal impact anticipated for the State of Texas. The report assumes that any additional responsibilities imposed by the bill, such as the requirement for courts to confirm in writing and in open court that DFPS informed alleged perpetrators of their rights, can be absorbed within existing resources and operational frameworks of the judiciary and DFPS.

Similarly, the bill is not expected to impose notable costs on local governments. The LBB notes that there would be no significant fiscal implications for counties or other local entities. This suggests that the procedural confirmation duties outlined in the bill are considered administratively manageable without necessitating new funding, staff expansions, or structural changes at the local level.

The analysis also reflects coordination and review by relevant state agencies, including the Office of Court Administration and the Department of Family and Protective Services, both of which are anticipated to carry out the bill’s requirements using current personnel and infrastructure. Overall, SB 1141 is designed to improve procedural transparency and due process protections without materially affecting state or local budgets.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 1141 based on its reinforcement of due process protections and its alignment with principles of limited and transparent government. The bill addresses a critical procedural shortcoming in child welfare investigations by requiring courts to confirm, both in writing and in open court, that individuals under investigation by the Department of Family and Protective Services (DFPS) were properly informed of their rights before a full adversary hearing proceeds. These rights include the ability to record interviews and to seek an administrative review of DFPS findings, as outlined in current law.

Importantly, the bill does not increase the size or scope of government. It does not establish new state agencies, programs, or enforcement authorities. Instead, it codifies a simple, court-based procedural safeguard that ensures existing rights are properly communicated. This reinforces accountability within the current framework rather than expanding it.

Moreover, the bill imposes no new regulatory burdens on individuals or businesses, nor does it alter private-sector conduct or introduce compliance costs. It is focused solely on internal governmental procedures in cases where the state is acting in a potentially coercive role. Likewise, the Legislative Budget Board projects no significant fiscal impact from the bill; all responsibilities it creates are expected to be absorbed with existing resources by DFPS and the judicial system. Therefore, it does not increase the burden on taxpayers.

Overall, SB 1141 advances key liberty principles—individual rights, limited government, and procedural transparency—without imposing new costs or expanding state authority. It is a prudent reform that improves fairness in child protection cases without overreaching.

  • Individual Liberty: At its heart, the bill strengthens individual liberty by ensuring that those under investigation in child protection cases are fully informed of their rights before being subjected to state action. These include the right to record interviews conducted by DFPS (under Section 261.3027 of the Family Code) and to request an administrative review of DFPS’s findings (under Section 261.3091). Requiring courts to confirm that these rights were communicated reinforces the dignity and autonomy of individuals when faced with intrusive state investigations, particularly in matters involving parental rights, which courts have long held to be fundamental liberty interests.
  • Personal Responsibility: The bill encourages responsible behavior on both sides of the child welfare process. It requires DFPS to take procedural responsibility for informing individuals of their rights, ensuring transparency, and lawful conduct. Simultaneously, it empowers individuals under investigation to assert and act on their rights, such as recording interviews or challenging findings, thereby encouraging active participation in their own defense and reinforcing the expectation of informed, responsible engagement with the legal system.
  • Free Enterprise: The bill imposes no new mandates, costs, or compliance burdens on private businesses or the broader marketplace. Its scope is confined to state agencies and judicial procedures, meaning there is no impact—direct or indirect—on commercial activity or economic freedom.
  • Private Property Rights: The bill does not affect private property rights. It focuses exclusively on procedural practices within DFPS investigations involving parent-child relationships. There are no provisions that alter ownership, use, or protection of real or personal property.
  • Limited Government: The bill exemplifies limited government by imposing a procedural check on DFPS without expanding its authority or reach. Rather than creating new powers, agencies, or enforcement tools, the bill mandates judicial verification of existing statutory rights. This protects individuals from arbitrary or uninformed state action, particularly in high-stakes CPS cases, while preserving the proper balance of power between individuals and the state.
Related Legislation
View Bill Text and Status