By Wise                                                H.B. No. 463
         76R2330 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)  In this section, "professional" has the meaning assigned by
1-20     Section 261.101(b).
1-21           (b)  A professional who fails to report abuse as required by
1-22     this chapter is liable for the personal injury or death of a child
1-23     that occurs after the time the professional was required to report
1-24     the abuse.
 2-1           (c)  A person may not recover damages under Subsection (b) if
 2-2     the person was responsible for the report of abuse not being filed.
 2-3           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 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.