Texas HB 1667 (2023): Narrowing Mandatory Reporting and Community Referrals (Did Not Pass)

This bill is not law. It did not pass. It passed the Texas House and a Senate committee, but its last official action was "Placed on intent calendar" in the Senate on May 24, 2023 Texas Legislature Online, History for 88(R) HB 1667.

The short answer

HB 1667 would have changed who must report suspected child abuse or neglect in Texas. The general reporting duty would have centered on professionals. Concerns based only on poverty would not have had to be reported. Professionals could have referred some families to community services instead of making a CPS report. The full Senate never passed it, so it died when the 2023 session ended Legislative Reference Library of Texas, What's Next? Post-Session FAQ, 89th R.S..

The House Research Organization's review of the session also says the bill "died in the Senate" House Research Organization, Major Issues of the 88th Legislature (June 6, 2024), pp. 93-94.

How far it got

• Filed: January 26, 2023.
• House: The House Human Services Committee approved a substitute on April 18, 2023. The full House passed the bill, as amended, on May 11, 2023.
• Senate committee: The Senate Health and Human Services Committee approved it without changes on May 21, 2023.
• Stopped: It was placed on the Senate's intent calendar on May 24, 2023. The official history shows no Senate vote after that.

What it would have changed

These points come from the Senate Research Center's analysis of the version the House passed Senate Research Center, Bill Analysis, H.B. 1667 (88R), Engrossed, 5/18/2023.

Who must report. The bill would have deleted the current wording that requires any person with reasonable cause to believe a child has been harmed by abuse or neglect to report right away. Instead:

• professionals would still have had to report within 48 hours, unless the new referral option applied;
• a person who is not a professional would have had to report only if they witnessed sexual abuse, sexual assault, or physical abuse of a child; and
• anyone else with reasonable cause to believe a child was harmed by abuse or neglect would have been allowed, but not required, to report.

Concerns that need not be reported. No one would have had to report concerns based only on a child's behavior, truancy, or conditions of poverty, such as a lack of adequate clothing, housing instability, or no utilities, as long as those concerns do not harm the child's physical or mental health or welfare.

Referral instead of a report. A professional could have referred the family to a community-based prevention or family preservation services provider instead of making a report, if the professional had reasonable cause to believe the child was not at risk based on those concerns. This option would not have applied when the professional had reasonable cause to believe the child had been or might be subjected to "aggravated circumstances." A professional who made such a referral would not have committed the failure-to-report crime.

Training and disclosures. Professionals who must report would have had to get training on reporting rules, from a program DFPS would develop. An agency taking a report would have had to tell the reporter that they must give their name and contact information, that their identity is confidential, and that knowingly making a false report with intent to deceive is a crime.

Which laws it affects

• Texas Family Code chapter 261, subchapter B (reporting). The bill would have amended Sections 261.101, 261.102, 261.104 and 261.109, and added new Sections 261.1011, 261.1021, 261.1031, 261.1032 and 261.1041 Senate Research Center, Bill Analysis, H.B. 1667 (88R), Engrossed, 5/18/2023. None of these changes took effect through this bill.
• A related bill that did pass. A different 2023 bill about reports, HB 63, took effect September 1, 2023 House Research Organization, Major Issues of the 88th Legislature (June 6, 2024), pp. 93-94. See Texas HB 63 (2023): No More Anonymous Reports to the DFPS Hotline.

Related

• Texas HB 63 (2023): No More Anonymous Reports to the DFPS Hotline
• 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
• Your Rights When Texas CPS Contacts You (Family Code §261.307)
• Texas HB 3041 (2021): Family Preservation Services Instead of Removal
• The 2027 Texas Legislature (90th): When CPS Bills Can Be Filed