1-1     By:  McClendon (Senate Sponsor - Zaffirini)           H.B. No. 1929

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 5, 1997, reported favorably, as amended, by

 1-5     the following vote:  Yeas 10, Nays 0; May 5, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief

 1-8     Amend HB 1929 as follows:

 1-9           In SECTION 2, Section 261.405, beginning on Page 1, Line 44,

1-10     replace the entire section with the following:

1-11           SECTION 2.  Section 261.405, Family Code, is amended to read

1-12     as follows:

1-13           Sec. 261.405.  INVESTIGATIONS IN PRE-ADJUDICATION AND

1-14     POST-ADJUDICATION SECURE JUVENILE [COUNTY JUVENILE DETENTION]

1-15     FACILITIES.  A report of alleged abuse or neglect in a public or

1-16     private juvenile pre-adjudication secure detention facility,

1-17     including hold-over facilities, or public or private [county]

1-18     juvenile post-adjudication secure correctional [detention]

1-19     facility, except for a facility operated solely for children

1-20     committed to the Texas Youth Commission, shall be made to a local

1-21     law enforcement agency for investigation.  The local law

1-22     enforcement agency shall immediately notify the Texas Juvenile

1-23     Probation Commission of any report the agency receives.

1-24                            A BILL TO BE ENTITLED

1-25                                   AN ACT

1-26     relating to the investigation and reporting of child abuse or

1-27     neglect.

1-28           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-29           SECTION 1.  Section 261.101(b), Family Code, is amended to

1-30     read as follows:

1-31           (b)  If a professional has cause to believe that a child has

1-32     been or may be abused or neglected, the professional shall make a

1-33     report not later than the 48th hour after the hour the professional

1-34     first suspects that the child has been or may be abused or

1-35     neglected.  A professional may not delegate to or rely on another

1-36     person to make the report.  In this subsection, "professional"

1-37     means an individual who is licensed or certified by the state or

1-38     who is an employee of a facility licensed, certified, or operated

1-39     by the state and who, in the normal course of official duties or

1-40     duties for which a license or certification is required, has direct

1-41     contact with children.  The term includes teachers, nurses,

1-42     doctors, [and] day-care employees, juvenile probation officers, and

1-43     juvenile detention or correctional officers.

1-44           SECTION 2.  Section 261.405, Family Code, is amended to read

1-45     as follows:

1-46           Sec. 261.405.  INVESTIGATIONS IN PRE-ADJUDICATION AND

1-47     POST-ADJUDICATION SECURE JUVENILE [COUNTY JUVENILE DETENTION]

1-48     FACILITIES.  A report of alleged abuse or neglect in a public or

1-49     private juvenile pre-adjudication secure detention facility or

1-50     public or private [county] juvenile post-adjudication secure

1-51     correctional [detention] facility shall be made to a local law

1-52     enforcement agency for investigation.  The local law enforcement

1-53     agency shall immediately notify the Texas Juvenile Probation

1-54     Commission of any report the agency receives.

1-55           SECTION 3.  This Act takes effect September 1, 1997.

1-56           SECTION 4.  The importance of this legislation and the

1-57     crowded condition of the calendars in both houses create an

1-58     emergency and an imperative public necessity that the

1-59     constitutional rule requiring bills to be read on three several

1-60     days in each house be suspended, and this rule is hereby suspended.

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