By Wise                                         H.B. No. 1996

      75R6895 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to civil and criminal liability for failure to report

 1-3     child abuse.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 261.109, Family Code, is amended by

 1-6     amending Subsection (b) and adding Subsection (c) to read as

 1-7     follows:

 1-8           (b)  Except as provided by Subsection (c), an [An] offense

 1-9     under this section is a Class C [B] misdemeanor.

1-10           (c)  An offense under this section is a Class B misdemeanor

1-11     if the person is:

1-12                 (1)  a professional as defined by Section 261.101(b);

1-13     or

1-14                 (2)  a person responsible for the child's care,

1-15     custody, or welfare.

1-16           SECTION 2.  Subchapter B, Chapter 261, Family Code, is

1-17     amended by adding Section 261.110 to read as follows:

1-18           Sec. 261.110.  CIVIL LIABILITY FOR FAILING TO REPORT ABUSE.

1-19     (a)  A professional who fails to report abuse as required by this

1-20     chapter is liable for the personal injury or death of a child that

1-21     occurs after the time the professional was required to report the

1-22     abuse.

1-23           (b)  A person may not recover damages under Subsection (a) if

1-24     the person was responsible for the report of abuse not being filed.

 2-1           (c)  In this section, "professional" has the meaning assigned

 2-2     by Section 261.101(b).

 2-3           SECTION 3.  (a)  This Act takes effect September 1, 1997.

 2-4           (b)  Section 261.110, Family Code, as added by this Act

 2-5     applies only to a cause of action that accrues on or after the

 2-6     effective date of this Act.  A cause of action that accrues before

 2-7     the effective date of this Act is governed by the law applicable to

 2-8     the cause of action immediately before the effective date of this

 2-9     Act, and that law is continued in effect for that purpose.

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.