1-1     By:  Wise, Crabb, Olivo, et al.                        H.B. No. 360
 1-2          (Senate Sponsor - Zaffirini)
 1-3           (In the Senate - Received from the House March 14, 2001;
 1-4     March 15, 2001, read first time and referred to Committee on
 1-5     Jurisprudence; April 18, 2001, reported favorably by the following
 1-6     vote:  Yeas 5, Nays 0; April 18, 2001, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the abuse of a child.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 261.001(1), Family Code, is amended to
1-12     read as follows:
1-13                 (1)  "Abuse" includes the following acts or omissions
1-14     by a person:
1-15                       (A)  mental or emotional injury to a child that
1-16     results in an observable and material impairment in the child's
1-17     growth, development, or psychological functioning;
1-18                       (B)  causing or permitting the child to be in a
1-19     situation in which the child sustains a mental or emotional injury
1-20     that results in an observable and material impairment in the
1-21     child's growth, development, or psychological functioning;
1-22                       (C)  physical injury that results in substantial
1-23     harm to the child, or the genuine threat of substantial harm from
1-24     physical injury to the child, including an injury that is at
1-25     variance with the history or explanation given and excluding an
1-26     accident or reasonable discipline by a parent, guardian, or
1-27     managing or possessory conservator that does not expose the child
1-28     to a substantial risk of harm;
1-29                       (D)  failure to make a reasonable effort to
1-30     prevent an action by another person that results in physical injury
1-31     that results in substantial harm to the child;
1-32                       (E)  sexual conduct harmful to a child's mental,
1-33     emotional, or physical welfare;
1-34                       (F)  failure to make a reasonable effort to
1-35     prevent sexual conduct harmful to a child;
1-36                       (G)  compelling or encouraging the child to
1-37     engage in sexual conduct as defined by Section 43.01, Penal Code;
1-38                       (H)  causing, permitting, encouraging, engaging
1-39     in, or allowing the photographing, filming, or depicting of the
1-40     child if the person knew or should have known that the resulting
1-41     photograph, film, or depiction of the child is obscene as defined
1-42     by Section 43.21, Penal Code, or pornographic;
1-43                       (I)  the current use by a person of a controlled
1-44     substance as defined by Chapter 481, Health and Safety Code, in a
1-45     manner or to the extent that the use results in physical, mental,
1-46     or emotional injury to a child; [or]
1-47                       (J)  causing, expressly permitting, or
1-48     encouraging a child to use a controlled substance as defined by
1-49     Chapter 481, Health and Safety Code; or
1-50                       (K)  causing, permitting, encouraging, engaging
1-51     in, or allowing a sexual performance by a child as defined by
1-52     Section 43.25, Penal Code.
1-53           SECTION 2.  This Act takes effect immediately if it receives
1-54     a vote of two-thirds of all the members elected to each house, as
1-55     provided by Section 39, Article III, Texas Constitution.  If this
1-56     Act does not receive the vote necessary for immediate effect, this
1-57     Act takes effect September 1, 2001.
1-58                                  * * * * *