Texas HB 4055 (2021): Substance Use During Pregnancy and CPS Reports (Did Not Pass)

This bill is not law. It did not pass. It passed the Texas House, but its last official action was "Referred to Health & Human Services" in the Senate on May 11, 2021 Texas Legislature Online, History for 87(R) HB 4055.

The short answer

HB 4055 dealt with pregnant women who tell a health care provider that they used illegal drugs. It would have let some providers skip a CPS report when the woman was in treatment or trying to get into it, or when there was no immediate risk to the child. It passed the House, but the Senate committee never acted on it, so it died when the 2021 session ended Legislative Reference Library of Texas, What's Next? Post-Session FAQ, 89th R.S..

How far it got

• Filed: March 12, 2021.
• House committee: The House Juvenile Justice and Family Issues Committee approved it without changes on April 19, 2021.
• House floor: The House amended it and advanced it on May 5, 2021, then passed it on May 6, 2021.
• Stopped in the Senate: The Senate received it on May 10, 2021 and sent it to the Health and Human Services Committee on May 11, 2021. The official history shows nothing after that.

What it would have changed

This section describes the version the House passed (the "engrossed" version) 87(R) HB 4055, Engrossed text (as passed by the House).

An exception to the reporting duty. A professional giving prenatal, mental health, or other medical care would not have had to make a CPS report about a woman who voluntarily told them she illegally used a controlled substance during pregnancy, if one of these was true:

• she gave proof that she was enrolled in, or had recently finished, a substance abuse treatment program;
• she gave proof that she made reasonable efforts to enroll in a substance abuse program within five days of telling the professional; or
• the professional decided there was no immediate risk of harm to the child from the exposure, and the woman did not otherwise pose an immediate risk of harm to the child.

A limit on investigations. DFPS could not have investigated a report against the woman that was based on her illegal drug use during pregnancy if she enrolled in and successfully finished a treatment program supervised by the professional who referred or treated her.

Which laws it affects

• Texas Family Code §261.101 (who must report). The bill would have added a new Subsection (b-2) 87(R) HB 4055, Engrossed text (as passed by the House).
• Texas Family Code §261.301 (investigation of a report). The bill would have added an exception to Subsection (a) and a new Subsection (a-1) 87(R) HB 4055, Engrossed text (as passed by the House). Because it did not pass, current Tex. Fam. Code §261.301(a) does not contain the bill's new exception. It says DFPS shall make a prompt and thorough investigation of a report of abuse or neglect by a person responsible for a child's care.

Related

• CPS Drug Testing in Texas: What DFPS Policy Says
• The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)
• Family-Based Safety Services (FBSS) in Texas: What Families Should Know
• Texas HB 1780 (2019): Good-Faith Effort in Substance Abuse Treatment and Case Extensions
• The 2027 Texas Legislature (90th): When CPS Bills Can Be Filed