1-1 AN ACT
1-2 relating to the investigation and reporting of child abuse or
1-3 neglect.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 261.101(b), Family Code, is amended to
1-6 read as follows:
1-7 (b) If a professional has cause to believe that a child has
1-8 been or may be abused or neglected, the professional shall make a
1-9 report not later than the 48th hour after the hour the professional
1-10 first suspects that the child has been or may be abused or
1-11 neglected. A professional may not delegate to or rely on another
1-12 person to make the report. In this subsection, "professional"
1-13 means an individual who is licensed or certified by the state or
1-14 who is an employee of a facility licensed, certified, or operated
1-15 by the state and who, in the normal course of official duties or
1-16 duties for which a license or certification is required, has direct
1-17 contact with children. The term includes teachers, nurses,
1-18 doctors, [and] day-care employees, juvenile probation officers, and
1-19 juvenile detention or correctional officers.
1-20 SECTION 2. Section 261.405, Family Code, is amended to read
1-21 as follows:
1-22 Sec. 261.405. INVESTIGATIONS IN PRE-ADJUDICATION AND
1-23 POST-ADJUDICATION SECURE JUVENILE [COUNTY JUVENILE DETENTION]
1-24 FACILITIES. A report of alleged abuse or neglect in a public or
2-1 private juvenile pre-adjudication secure detention facility,
2-2 including hold-over facilities, or public or private [county]
2-3 juvenile post-adjudication secure correctional [detention]
2-4 facility, except for a facility operated solely for children
2-5 committed to the Texas Youth Commission, shall be made to a local
2-6 law enforcement agency for investigation. The local law
2-7 enforcement agency shall immediately notify the Texas Juvenile
2-8 Probation Commission of any report the agency receives.
2-9 SECTION 3. This Act takes effect September 1, 1997.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1929 was passed by the House on April
18, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1929 on May 8, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1929 was passed by the Senate, with
amendments, on May 6, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor