TITLE: Relating to certain privileges of a parent or guardian in a criminal or civil proceeding involving a child of the parent or guardian.

SUMMARY: Relating to certain privileges of a parent or guardian in a criminal or civil proceeding involving a child of the parent or guardian.

FULL TEXT:
AN ACT relating to certain privileges of a parent or guardian in a criminal or civil proceeding involving a child of the parent or guardian. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 38, Code of Criminal Procedure, is amended by adding Article 38.0742 to read as follows: Art. 38.0742. PRIVILEGE OF PARENT OR GUARDIAN. (a) In this article: (1) "Child" has the meaning assigned by Section 22.011(c), Penal Code. (2) "Confidential communication" means a communication that is made privately by a parent or guardian to a child of the parent or guardian and is not intended to be disclosed to any other person. (b) A parent or guardian has a privilege to refuse to testify against a child of the parent or guardian in a criminal proceeding. A parent or guardian has a privilege in a criminal proceeding to refuse to disclose and to prevent another from disclosing a confidential communication made to a child of the parent or guardian. (c) A privilege under this article may be claimed only by a parent or guardian. (d) A privilege under this article does not apply in any proceeding in which the child is charged with an offense against the child's parent or guardian or a member of the parent's or guardian's household. (e) This article does not prohibit a parent or guardian from testifying voluntarily against a child of the parent or guardian. A parent or guardian who testifies voluntarily is subject to cross-examination. SECTION 2. Subchapter B, Chapter 22, Civil Practice and Remedies Code, is amended by adding Section 22.013 to read as follows: Sec. 22.013. PRIVILEGE OF PARENT OR GUARDIAN. (a) In this section: (1) "Child" means a person younger than 17 years of age. (2) "Confidential communication" means a communication that is made privately by a parent or guardian to a child of the parent or guardian and is not intended to be disclosed to any other person. (b) A parent or guardian has a privilege to refuse to testify against a child of the parent or guardian in a civil proceeding. A parent or guardian has a privilege in a civil proceeding to refuse to disclose and to prevent another from disclosing a confidential communication made to a child of the parent or guardian. (c) A privilege under this section may be claimed only by a parent or guardian. (d) A privilege under this section does not apply if, at the time of the civil proceeding, the child of the parent or guardian is charged with a criminal offense against the parent or guardian or a member of the parent's or guardian's household. (e) This section does not prohibit a parent or guardian from testifying voluntarily against a child of the parent or guardian. A parent or guardian who testifies voluntarily is subject to cross-examination. SECTION 3. The changes in law made by this Act apply only to a criminal proceeding or civil action that commences on or after the effective date of this Act. A proceeding or action that commences before the effective date of this Act is governed by the law in effect on the date the proceeding or action commences, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2015.