By Goodman                                             H.B. No. 975
       74R3190 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring the reporting of substance abuse by a
    1-3  pregnant woman as child abuse.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 34.01, Family Code, is amended to read as
    1-6  follows:
    1-7        Sec. 34.01.  PERSONS REQUIRED TO REPORT.  (a)  A person
    1-8  having cause to believe that a child's physical or mental health or
    1-9  welfare has been or may be adversely affected by abuse or neglect
   1-10  by any person shall report in accordance with Section 34.02 of this
   1-11  code.
   1-12        (b)  A licensed doctor, nurse, or emergency medical
   1-13  technician is required under this section to report in accordance
   1-14  with Section 34.02 the person's belief that a pregnant woman is
   1-15  currently using a controlled substance as defined by Chapter 481,
   1-16  Health and Safety Code, in a manner or to an extent that the use is
   1-17  likely to result in physical or mental injury to the woman's unborn
   1-18  child.
   1-19        SECTION 2.  Section 34.012(1), Family Code, is amended to
   1-20  read as follows:
   1-21              (1)  "Abuse" includes the following acts or omissions
   1-22  by any person:
   1-23                    (A)  mental or emotional injury to a child that
   1-24  results in an observable and material impairment in the child's
    2-1  growth, development, or psychological functioning;
    2-2                    (B)  causing or permitting the child to be in a
    2-3  situation in which the child sustains a mental or emotional injury
    2-4  that results in an observable and material impairment in the
    2-5  child's growth, development, or psychological functioning;
    2-6                    (C)  physical injury that results in substantial
    2-7  harm to the child, or the genuine threat of substantial harm from
    2-8  physical injury to the child, including an injury that is at
    2-9  variance with the history or explanation given and excluding an
   2-10  accident or reasonable discipline by a parent, guardian, or
   2-11  managing or possessory conservator that does not expose the child
   2-12  to a substantial risk of harm;
   2-13                    (D)  failure to make a reasonable effort to
   2-14  prevent an action by another person that results in physical injury
   2-15  that results in substantial harm to the child;
   2-16                    (E)  sexual contact, sexual intercourse, or
   2-17  sexual conduct, as those terms are defined by Section 43.01, Penal
   2-18  Code, sexual penetration with a foreign object, incest, sexual
   2-19  assault, or sodomy inflicted on, shown to, or intentionally
   2-20  practiced in the presence of a child if the child is present only
   2-21  to arouse or gratify the sexual desires of any person;
   2-22                    (F)  failure to make a reasonable effort to
   2-23  prevent sexual contact, sexual intercourse, or sexual conduct, as
   2-24  those terms are defined by Section 43.01, Penal Code, sexual
   2-25  penetration with a foreign object, incest, sexual assault, or
   2-26  sodomy being inflicted on or shown to a child by another person, or
   2-27  intentionally practiced in the presence of a child by another
    3-1  person if the child is present only to arouse or gratify the sexual
    3-2  desires of any person;
    3-3                    (G)  compelling or encouraging the child to
    3-4  engage in sexual conduct as defined by Section 43.01, Penal Code;
    3-5  <or>
    3-6                    (H)  causing, permitting, encouraging, engaging
    3-7  in, or allowing the photographing, filming, or depicting of the
    3-8  child if the person knew or should have known that the resulting
    3-9  photograph, film, or depiction of the child is obscene (as defined
   3-10  by the Penal Code) or pornographic; or
   3-11                    (I)  if the person is a pregnant woman, using a
   3-12  controlled substance as defined by Chapter 481, Health and Safety
   3-13  Code, in a manner or to an extent that is likely to result in
   3-14  physical or mental injury to the woman's unborn child.
   3-15        SECTION 3.  This Act takes effect September 1, 1995.
   3-16        SECTION 4.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency and an imperative public necessity that the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended.