By Wise                                                H.B. No. 464
         76R2331 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                       (H)  causing, permitting, encouraging, engaging
 2-8     in, or allowing the photographing, filming, or depicting of the
 2-9     child if the person knew or should have known that the resulting
2-10     photograph, film, or depiction of the child is obscene as defined
2-11     by Section 43.21, Penal Code, or pornographic;
2-12                       (I)  the current use by a person of a controlled
2-13     substance as defined by Chapter 481, Health and Safety Code, in a
2-14     manner or to the extent that the use results in physical, mental,
2-15     or emotional injury to a child; [or]
2-16                       (J)  causing, expressly permitting, or
2-17     encouraging a child to use a controlled substance as defined by
2-18     Chapter 481, Health and Safety Code; or
2-19                       (K)  causing, permitting, encouraging, engaging
2-20     in, or allowing a sexual performance by a child as defined by
2-21     Section 43.25, Penal Code.
2-22           SECTION 2.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended,
2-27     and that this Act take effect and be in force from and after its
 3-1     passage, and it is so enacted.