(a) Before conducting an interview with an alleged perpetrator, the department shall inform the person orally and in writing that:
(1) the person may create an audio or video recording of the interview but may not record the interview in any other manner;
(2) any audio or video recording made by the person may be subject to subpoena under a court order; and
(3) the person may request and receive a copy of the department’s current recording policy.
(b) The department shall document in the case file that the department provided the notice required by Subsection (a).

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Terms Used In Texas Family Code 261.3027

  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Subpoena: A command to a witness to appear and give testimony.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The department shall provide two copies of the written notice to be signed by the person. The department shall provide one signed notice to the person and retain the other signed notice in the case file.
(d) An audio or video recording of the department’s interview with an alleged perpetrator may not be posted on an Internet website in a manner that could identify a party involved in the interview.