By Wise H.B. No. 2192
76R7097 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that certain persons receive training
1-3 in recognizing child abuse and neglect.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) In this section:
1-6 (1) "License" means a license, certificate,
1-7 registration, permit, or other authorization that:
1-8 (A) is issued by a licensing authority;
1-9 (B) is subject before expiration to suspension,
1-10 revocation, forfeiture, or termination by the issuing licensing
1-11 authority; and
1-12 (C) must be obtained in order for a person to
1-13 practice or engage in a particular business, occupation, or
1-14 profession.
1-15 (2) "Licensing authority" means a department,
1-16 commission, board, office, or other agency of the state or a
1-17 political subdivision of the state that issues a license.
1-18 (3) "Professional" means an individual who is licensed
1-19 by a licensing authority and who, in the normal course of duties
1-20 for which a license is required, has direct contact with children.
1-21 The term includes teachers, nurses, and physicians.
1-22 (b) A licensing authority may not issue a license to a
1-23 professional unless the professional has attended a training
1-24 program provided by the Department of Protective and Regulatory
2-1 Services under Section 40.0524, Human Resources Code, related to
2-2 recognizing and reporting cases of child abuse and neglect.
2-3 (c) A professional who is licensed on the effective date of
2-4 this Act must attend the training program required by this section
2-5 not later than December 1, 2000. If the person does not attend the
2-6 program before December 2, 2000, the licensing authority shall take
2-7 disciplinary action against the person.
2-8 SECTION 2. Subchapter C, Chapter 40, Human Resources Code,
2-9 is amended by adding Section 40.0524 to read as follows:
2-10 Sec. 40.0524. EMPLOYEE TRAINING IN RECOGNIZING AND REPORTING
2-11 ABUSE AND NEGLECT. (a) In this section:
2-12 (1) "Facility" means a facility licensed, certified,
2-13 or operated by the state.
2-14 (2) "Professional" has the meaning assigned by Section
2-15 261.101(b), Family Code.
2-16 (b) A facility may not employ a professional unless the
2-17 professional has attended a training program provided by the
2-18 department related to recognizing and reporting cases of child
2-19 abuse and neglect. A licensing or certifying agency may take
2-20 disciplinary action against a facility that employs a professional
2-21 who has not attended the training program required by this section.
2-22 (c) The department shall create in coordination with the
2-23 department's duties under Section 40.0522(b) a training program for
2-24 professionals in recognizing and reporting cases of child abuse and
2-25 neglect. The program must include instruction in:
2-26 (1) physical and behavioral signs of child abuse and
2-27 child neglect; and
3-1 (2) the requirements for reporting child abuse and
3-2 neglect.
3-3 SECTION 3. (a) Except as provided by Subsection (c) of this
3-4 section, this Act takes effect September 1, 1999.
3-5 (b) The Department of Protective and Regulatory Services
3-6 shall create the training program required by Section 40.0524,
3-7 Human Resources Code, as added by this Act, not later than January
3-8 1, 2000.
3-9 (c) Section 1 of this Act takes effect June 1, 2000.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.