By Ogden S.B. No. 915
77R3095 KSD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that certain conduct under the Penal
1-3 Code be reported as child abuse.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 261.001(1), Family Code, is amended to
1-6 read as follows:
1-7 (1) "Abuse" includes the following acts or omissions
1-8 by a person:
1-9 (A) mental or emotional injury to a child that
1-10 results in an observable and material impairment in the child's
1-11 growth, development, or psychological functioning;
1-12 (B) causing or permitting the child to be in a
1-13 situation in which the child sustains a mental or emotional injury
1-14 that results in an observable and material impairment in the
1-15 child's growth, development, or psychological functioning;
1-16 (C) physical injury that results in substantial
1-17 harm to the child, or the genuine threat of substantial harm from
1-18 physical injury to the child, including an injury that is at
1-19 variance with the history or explanation given and excluding an
1-20 accident or reasonable discipline by a parent, guardian, or
1-21 managing or possessory conservator that does not expose the child
1-22 to a substantial risk of harm;
1-23 (D) failure to make a reasonable effort to
1-24 prevent an action by another person that results in physical injury
2-1 that results in substantial harm to the child;
2-2 (E) sexual conduct harmful to a child's mental,
2-3 emotional, or physical welfare, including conduct that constitutes
2-4 the offense of:
2-5 (i) indecency with a child under Section
2-6 21.11, Penal Code;
2-7 (ii) sexual assault under Section 22.011,
2-8 Penal Code; and
2-9 (iii) aggravated sexual assault under
2-10 Section 22.021, Penal Code;
2-11 (F) failure to make a reasonable effort to
2-12 prevent sexual conduct harmful to a child;
2-13 (G) compelling or encouraging the child to
2-14 engage in sexual conduct as defined by Section 43.01, Penal Code;
2-15 (H) causing, permitting, encouraging, engaging
2-16 in, or allowing the photographing, filming, or depicting of the
2-17 child if the person knew or should have known that the resulting
2-18 photograph, film, or depiction of the child is obscene as defined
2-19 by Section 43.21, Penal Code, or pornographic;
2-20 (I) the current use by a person of a controlled
2-21 substance as defined by Chapter 481, Health and Safety Code, in a
2-22 manner or to the extent that the use results in physical, mental,
2-23 or emotional injury to a child; or
2-24 (J) causing, expressly permitting, or
2-25 encouraging a child to use a controlled substance as defined by
2-26 Chapter 481, Health and Safety Code.
2-27 SECTION 2. Section 261.101(b), Family Code, is amended to
3-1 read as follows:
3-2 (b) If a professional has cause to believe that a child has
3-3 been abused or neglected or may be abused or neglected, or that a
3-4 child is a victim of an offense under Section 21.11, 22.011, or
3-5 22.021, Penal Code, and the professional has cause to believe that
3-6 the child has been abused as defined by Section 261.001, the
3-7 professional shall make a report not later than the 48th hour after
3-8 the hour the professional first suspects that the child has been or
3-9 may be abused or neglected or is a victim of an offense under
3-10 Section 21.11, 22.011, or 22.021, Penal Code. A professional may
3-11 not delegate to or rely on another person to make the report. In
3-12 this subsection, "professional" means an individual who is licensed
3-13 or certified by the state or who is an employee of a facility
3-14 licensed, certified, or operated by the state and who, in the
3-15 normal course of official duties or duties for which a license or
3-16 certification is required, has direct contact with children. The
3-17 term includes teachers, nurses, doctors, day-care employees,
3-18 employees of a clinic or health care facility that provides
3-19 reproductive services, juvenile probation officers, and juvenile
3-20 detention or correctional officers.
3-21 SECTION 3. This Act takes effect September 1, 2001.
3-22 SECTION 4. The amendments made by this Act to Sections
3-23 261.001 and 261.101, Family Code, are intended as a clarification
3-24 of the law in effect immediately before the effective date of this
3-25 Act, and are not intended to increase or decrease the number of
3-26 offenses the commission of which are required to be reported under
3-27 Section 261.101(b), Family Code.
4-1 SECTION 5. (a) The change in law made by this Act in
4-2 amending Section 261.101(b), Family Code, to state that a
4-3 professional shall make a report under that section if the
4-4 professional has cause to believe that a child is a victim of an
4-5 offense under Section 22.011 or 22.021, Penal Code, is made to
4-6 conform that section to the changes in law made by this Act to
4-7 Section 261.001(1), Family Code.
4-8 (b) The change in law made by this Act in amending Section
4-9 261.101(b), Family Code, to require that a professional reporting
4-10 under that section must have cause to believe the child has been
4-11 abused as defined by Section 261.001, Family Code, is made to
4-12 conform that section with the intent of Section 1, Chapter 162, and
4-13 Section 65, Chapter 1022, Acts of the 75th Legislature, Regular
4-14 Session, 1997.