HB140

HB140 creates a child protective investigations advisory committee within the Department of Family and Protective Services (DFPS). It advises on consistent investigative practices, staff training, legal compliance, due process, communication with lawyers and courts, and problems identified through data and public input. It does not create an appeals court or authorize the committee to overturn a family’s case outcome. Final law.

Its scope is specific. The committee focuses on child investigations relating to parents, guardians, conservators, foster parents, family or household members, and people with whom a parent cohabits—the categories incorporated from Family Code 261.001(5)(A)–(C). It is not the child-and-adult investigations committee proposed in the original bill. Final law, Section 40.031(a); incorporated definition.

Membership combines public appointees of statewide legislative/executive leaders, investigative staff from rural and urban regions, a district judge, a parent or caregiver with case experience, and four additional members selected with consideration of specified legal, family, foster-care and related experience. DFPS employees are nonvoting members. Members must step aside from recommendations directly involving their own cases; specified appointees also face employment, contract and close-family restrictions, with the law’s stated personnel exceptions. Final membership rules.

Public access has limits. The committee meets quarterly, with a public-comment period at least once a year. Open-meetings law applies, but case discussions may be closed under its procedures, and case-review-only meetings still require public notice. DFPS must provide a random sample of closed investigations stripped of identifying details such as names, addresses and birth dates. Investigation information and committee work product are confidential. A public annual report, due September 30, must include statewide and regional statistics for the preceding two state fiscal years, investigative challenges and recommendations. The figures cover investigations, dispositions, removals and services, staffing/workloads, timing, reviews and complaints. Final law, Section 40.031(h)–(l).

Two different start dates: the new committee provision took effect September 1, 2025. Abolition of the older, broader Family and Protective Services Council and related cleanup provisions took effect September 1, 2026. The old council’s appointment, training, term, reimbursement and meeting statutes were repealed; the bill did not abolish DFPS itself or end its efficiency audits. It retained the commissioner’s duty to offer a hearing when requested by at least 25 people, a governmental entity, or an association with at least 25 members, removing the link to old-council recommendations. The new committee is scheduled to expire September 1, 2029. Final law, Sections 1–8; official history.