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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of children, including the definition of |
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child abuse and the prosecution of the criminal offense of |
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abandoning or endangering a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.001, Family Code, is amended by |
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amending Subdivision (1) and adding Subdivision (3-a) to read as |
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follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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growth, development, or psychological functioning; |
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(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(D) failure to make a reasonable effort to |
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prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
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emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or children |
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under Section 21.02, Penal Code, indecency with a child under |
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Section 21.11, Penal Code, sexual assault under Section 22.011, |
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Penal Code, or aggravated sexual assault under Section 22.021, |
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Penal Code; |
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(F) failure to make a reasonable effort to |
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prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code, |
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including compelling or encouraging the child in a manner that |
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constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, prostitution under Section |
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43.02(b), Penal Code, or compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
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Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; |
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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; |
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(L) knowingly causing, permitting, encouraging, |
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engaging in, or allowing a child to be trafficked in a manner |
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punishable as an offense under Section 20A.02(a)(5), (6), (7), or |
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(8), Penal Code, or the failure to make a reasonable effort to |
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prevent a child from being trafficked in a manner punishable as an |
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offense under any of those sections; [or] |
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(M) forcing or coercing a child to enter into a |
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marriage; or |
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(N) for a person other than a person lawfully |
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discharging his or her duties under a license issued under Chapter |
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551, Occupations Code: |
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(i) administering or supplying, or |
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consenting to or assisting in the administering or supplying of, a |
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puberty suppression prescription drug or cross-sex hormone to a |
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child, other than an intersex child, for the purpose of gender |
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transitioning or gender reassignment; or |
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(ii) performing or consenting to the |
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performance of surgery or another medical procedure on a child, |
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other than an intersex child, for the purpose of gender |
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transitioning or gender reassignment. |
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(3-a) "Intersex child" means a child who is younger |
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than 18 years of age and either: |
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(A) has inborn chromosomal, gonadal, genital, or |
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endocrine characteristics, or a combination of those |
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characteristics, that are not suited to the typical definition of |
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male or female or are atypical for the sex determined; or |
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(B) is considered by a medical professional to |
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have inborn chromosomal, gonadal, genital, or endocrine |
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characteristics that are ambiguous or atypical for the sex |
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determined. |
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SECTION 2. Section 22.041, Penal Code, is amended by |
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amending Subsections (a) and (c-1) and adding Subsection (c-2) to |
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read as follows: |
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(a) In this section: |
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(1) "Abandon"[, "abandon"] means to leave a child in |
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any place without providing reasonable and necessary care for the |
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child, under circumstances under which no reasonable, similarly |
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situated adult would leave a child of that age and ability. |
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(2) "Intersex child" means a child who is younger than |
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15 years of age and either: |
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(A) has inborn chromosomal, gonadal, genital, or |
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endocrine characteristics, or a combination of those |
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characteristics, that are not suited to the typical definition of |
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male or female or are atypical for the sex determined; or |
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(B) is considered by a medical professional to |
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have inborn chromosomal, gonadal, genital, or endocrine |
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characteristics that are ambiguous or atypical for the sex |
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determined. |
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(c-1) For purposes of Subsection (c), it is presumed that a |
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person engaged in conduct that places a child in imminent danger of |
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death, bodily injury, or physical or mental impairment if: |
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(1) the person manufactured, possessed, or in any way |
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introduced into the body of any person the controlled substance |
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methamphetamine in the presence of the child; |
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(2) the person's conduct related to the proximity or |
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accessibility of the controlled substance methamphetamine to the |
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child and an analysis of a specimen of the child's blood, urine, or |
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other bodily substance indicates the presence of methamphetamine in |
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the child's body; [or] |
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(3) the person injected, ingested, inhaled, or |
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otherwise introduced a controlled substance listed in Penalty Group |
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1, Section 481.102, Health and Safety Code, into the human body when |
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the person was not in lawful possession of the substance as defined |
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by Section 481.002(24) of that code; |
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(4) the person administers or supplies, or consents to |
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or assists in the administering or supplying of, a puberty |
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suppression prescription drug or cross-sex hormone to a child for |
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the purpose of gender transitioning or gender reassignment; or |
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(5) the person performs or consents to the performance |
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of surgery or another medical procedure on a child for the purpose |
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of gender transitioning or gender reassignment. |
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(c-2) The presumptions provided by Subsections (c-1)(4) and |
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(5) do not apply to conduct described by those provisions that: |
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(1) occurs with respect to an intersex child; or |
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(2) is the lawful discharge of the actor's duties under |
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a license issued to the actor under Chapter 551, Occupations Code. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation or offense committed on or after the effective date of |
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this Act. A violation or offense committed before the effective |
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date of this Act is governed by the law in effect on the date the |
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violation or offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, a |
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violation or offense was committed before the effective date of |
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this Act if any element of the violation or offense occurred before |
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that date. |
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SECTION 4. This Act takes effect September 1, 2021. |