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.