1-1 AN ACT
1-2 relating to the 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, including conduct that constitutes
2-3 the offense of indecency with a child under Section 21.11, Penal
2-4 Code, sexual assault under Section 22.011, Penal Code, or
2-5 aggravated sexual assault under Section 22.021, Penal Code;
2-6 (F) failure to make a reasonable effort to
2-7 prevent sexual conduct harmful to a child;
2-8 (G) compelling or encouraging the child to
2-9 engage in sexual conduct as defined by Section 43.01, Penal Code;
2-10 (H) causing, permitting, encouraging, engaging
2-11 in, or allowing the photographing, filming, or depicting of the
2-12 child if the person knew or should have known that the resulting
2-13 photograph, film, or depiction of the child is obscene as defined
2-14 by Section 43.21, Penal Code, or pornographic;
2-15 (I) the current use by a person of a controlled
2-16 substance as defined by Chapter 481, Health and Safety Code, in a
2-17 manner or to the extent that the use results in physical, mental,
2-18 or emotional injury to a child; [or]
2-19 (J) causing, expressly permitting, or
2-20 encouraging a child to use a controlled substance as defined by
2-21 Chapter 481, Health and Safety Code; or
2-22 (K) causing, permitting, encouraging, engaging
2-23 in, or allowing a sexual performance by a child as defined by
2-24 Section 43.25, Penal Code.
2-25 SECTION 2. This Act takes effect immediately if it receives
2-26 a vote of two-thirds of all the members elected to each house, as
2-27 provided by Section 39, Article III, Texas Constitution. If this
3-1 Act does not receive the vote necessary for immediate effect, this
3-2 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 360 was passed by the House on March
13, 2001, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 360 on May 1, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 360 was passed by the Senate, with
amendments, on April 26, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor