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 * * * * *