Texas HB 135 (2021): CPS Must Tell You About Recording and Review Rights

This bill is law. It took effect September 1, 2021.

The short answer

HB 135 requires DFPS to tell an "alleged perpetrator" (the person DFPS says may have abused or neglected a child) about two rights before interviewing them. First, the person may make an audio or video recording of the interview. Second, the person may ask for an administrative review of DFPS's findings. Both notices must be in writing, and the recording notice must also be given out loud.

What it changes

HB 135 adds two new sections to the Texas Family Code.

Notice of the right to record (Section 261.3027). Before interviewing an alleged perpetrator, DFPS must tell the person, both out loud and in writing, that:

• the person may make an audio or video recording of the interview, but may not record it in any other way;
• any recording the person makes may be subject to a subpoena (a court order to hand it over); and
• the person may ask for and receive a copy of DFPS's current recording policy.

DFPS must note in the case file that it gave this notice. It must also give the person two copies of the written notice to sign. The person keeps one signed copy, and DFPS keeps the other in the case file.

No posting that identifies people. A recording of a DFPS interview with an alleged perpetrator may not be posted on a website in a way that could identify anyone involved in the interview.

Notice of the right to ask for a review (Section 261.3091). Before the interview, DFPS must also tell the person in writing that they may ask for an administrative review of DFPS's findings under Family Code §261.309. The person signs this notice to show they received it, and DFPS notes in the case file that it gave the notice.

Under Tex. Fam. Code §261.309(c), a person who disagrees with DFPS's decision about whether abuse or neglect happened may ask for this review. The review must sustain (keep), alter, or reverse the original findings. See How to Ask for an ARIF (Administrative Review of CPS Findings) in Texas.

Why the bill was written. The Senate Research Center's analysis of the Senate committee version says the bill responded to concerns that many Texans do not know they may record their dealings with government agencies, including a DFPS investigation.

How it fits with DFPS policy. DFPS's own handbook says that upon first contact, the caseworker must tell each alleged perpetrator, parent, legal guardian or other subject of the investigation about their rights before an interview DFPS CPS Handbook §2248.11.

A later court check. In 2025, SB 1141 added a step in court. Before the full adversary hearing, the judge must confirm with the alleged perpetrator, in writing and in open court, that DFPS gave these notices. See Texas SB 1141 (2025): Court Must Confirm CPS Gave Rights Notices.

Which laws it affects

• Family Code §261.3027 (new): notice of the right to record an interview.
• Family Code §261.3091 (new): notice of the right to request an administrative review.
• Tex. Fam. Code §261.309: the administrative review itself. HB 135 does not change this section.

Related

• Your Rights When Texas CPS Contacts You (Family Code §261.307)
• How to Ask for an ARIF (Administrative Review of CPS Findings) in Texas
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• CPS Investigation Findings in Texas: Reason to Believe, Ruled Out and More
• Texas SB 1141 (2025): Court Must Confirm CPS Gave Rights Notices: the 2025 law making the court confirm these notices were given
• Texas HB 2849 (2017): Removing Names From the CPS Central Registry: the 2017 law on removing names from the central registry after a finding is overturned
• Texas HB 63 (2023): No More Anonymous Reports to the DFPS Hotline: the 2023 law on reports and first-contact notices