By Wise                                         H.B. No. 1997

      75R6893 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of abuse of a child.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 261.001(1), Family Code, is amended to

 1-5     read as follows:

 1-6                 (1)  "Abuse" includes the following acts or omissions

 1-7     by a person:

 1-8                       (A)  mental or emotional injury to a child that

 1-9     results in an observable and material impairment in the child's

1-10     growth, development, or psychological functioning;

1-11                       (B)  causing or permitting the child to be in a

1-12     situation in which the child sustains a mental or emotional injury

1-13     that results in an observable and material impairment in the

1-14     child's growth, development, or psychological functioning;

1-15                       (C)  physical injury that results in substantial

1-16     harm to the child, or the genuine threat of substantial harm from

1-17     physical injury to the child, including an injury that is at

1-18     variance with the history or explanation given and excluding an

1-19     accident or reasonable discipline by a parent, guardian, or

1-20     managing or possessory conservator that does not expose the child

1-21     to a substantial risk of harm;

1-22                       (D)  failure to make a reasonable effort to

1-23     prevent an action by another person that results in physical injury

1-24     that results in substantial harm to the child;

 2-1                       (E)  sexual conduct harmful to a child's mental,

 2-2     emotional, or physical welfare;

 2-3                       (F)  failure to make a reasonable effort to

 2-4     prevent sexual conduct harmful to a child;

 2-5                       (G)  compelling or encouraging the child to

 2-6     engage in sexual conduct as defined by Section 43.01, Penal Code;

 2-7     [or]

 2-8                       (H)  causing, permitting, encouraging, engaging

 2-9     in, or allowing the photographing, filming, or depicting of the

2-10     child if the person knew or should have known that the resulting

2-11     photograph, film, or depiction of the child is obscene as defined

2-12     by Section 43.21, Penal Code, or pornographic; or

2-13                       (I)  causing, permitting, encouraging, engaging

2-14     in, or allowing a sexual performance by a child as defined by

2-15     Section 43.25, Penal Code.

2-16           SECTION 2.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended,

2-21     and that this Act take effect and be in force from and after its

2-22     passage, and it is so enacted.