81st Texas Legislature, Senate Bill 1440, Vetoed Page: 1 of 2
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PRO CLAMAT ION
BY THE
(strerr ofi tt$tne of tbxaz
41-3215
TO ALL TO WHOM THESE PRESENTS SHALL COME:
Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of
Texas, do hereby disapprove of and veto Senate Bill No. 1440 as passed by the Eighty-
first Texas Legislature, Regular Session, because of the following objections:
As a result of Gates v. Texas Department of Protective and Regulatory Services,
Senate Bill No. 1440 would establish guidelines for Texas Department of Family
and Protective Services (DFPS) caseworkers to follow when making entry and
transport-for-interview decisions in alleged child abuse and neglect cases. The
court's decision in Gates is extremely narrow in its articulation of the standards
that must be met for transporting a child to conduct an interview. The decision
also creates uncertainty about how court orders allowing such transport are to be
obtained by DFPS under existing law. This court-created uncertainty must be
addressed. Senate Bill No. 1440, however, overreaches and may not give due
consideration to the Fourth Amendment rights of a parent or guardian.
DFPS is charged with protecting the unprotected, and all parties involved benefit
when procedures are clear and easily understood. Texas law should provide a
clearly delineated investigative process that not only supports the rights of parents
and guardians, but also provides DFPS with the proper authority and flexibility to
protect the most vulnerable Texans.
I am directing DFPS, through its parental advisory committee, to study the effect
of the Gates decision on the ability of the department to appropriately enter a
residence and, if necessary for the protection of the child, to transport the child for
interviews in a neutral location. I am also directing DFPS, through its parental
advisory committee, to develop and recommend statewide procedures to follow
when seeking court orders to aid investigations, while protecting the rights of
parents and families.
Since the Legislature by its adjournment has prevented the return of this bill, I am filing
these objections in the office of the Secretary of State and giving notice thereof by this
public proclamation according to the aforementioned constitutional provision.
.. .IN TESTIMONY WHEREOF. Ihave signed my name officially
and caused the Seal of the State to
be affixed hereto at Austin, this
19th day of June, 2009.
Governor of Texas
PILED IN THE OrFICK OP Twt
BE- R OF STATE
O'CLOCK
JUN 19 2009
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Texas. Governor (2000- : Perry). 81st Texas Legislature, Senate Bill 1440, Vetoed, legislative document, June 19, 2009; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth149923/m1/1/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.