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By:  Grusendorf, Brown of Kaufman, Hupp,                          H.B. No. 320
 
    et al.                                                                   


A BILL TO BE ENTITLED

AN ACT

relating to the refusal to administer or consent to the 
administration of certain psychiatric or psychological treatment 
to a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 261, Family Code, is 
amended by adding Section 261.005 to read as follows:
	Sec. 261.005.  REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL 
TREATMENT OF CHILD.  The refusal of a parent, guardian, or managing 
or possessory conservator of a child to administer or consent to the 
administration of a psychotropic drug to the child, or to consent to 
any other psychiatric or psychological treatment of the child, does 
not by itself constitute neglect under this subtitle unless the 
refusal to consent presents an imminent physical risk of serious 
harm to the child.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.