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By:  Grusendorf, Brown of Kaufman, Hupp, et al.                   H.B. No. 320
 
    (Senate Sponsor - Fraser)                                                
	(In the Senate - Received from the House April 3, 2003; 
April 7, 2003, read first time and referred to Committee on 
Jurisprudence; May 21, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 6, Nays 0; 
May 21, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 320                                    By:  Duncan


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 central nervous system stimulant or other drug 
for treatment of attention deficit hyperactivity disorder to the 
child, or to consent to any other treatment of the child for 
attention deficit hyperactivity disorder, does not by itself 
constitute neglect under this subtitle unless the refusal to 
consent results in or presents:
		(1)  a substantial risk of death, disfigurement, or 
bodily injury; or
		(2)  an observable and material impairment to the 
growth, development, or functioning of the child.
	SECTION 2.  Chapter 26, Education Code, is amended by adding 
Section 26.0091 to read as follows:
	Sec. 26.0091.  REFUSAL OF PSYCHOLOGICAL OR PSYCHIATRIC 
TESTING OR TREATMENT.  (a)  The refusal of a parent, guardian, or 
managing or possessory conservator of a child to administer or 
consent to the administration of a central nervous system stimulant 
or other drug for the treatment of attention deficit hyperactivity 
disorder to the child, or to consent to any testing or treatment of 
the child for attention deficit hyperactivity disorder, does not by 
itself constitute neglect under Subtitle E, Title 5, Family Code, 
unless the refusal to consent results in or presents:
		(1)  a substantial risk of death, disfigurement, or 
bodily injury; or
		(2)  an observable and material impairment to the 
growth, development, or functioning of the child.
	(b)  An employee of a school district may not use or threaten 
to use a parent's refusal under Subsection (a) as the sole basis for 
making a report under Section 261.103, Family Code, unless the 
refusal to consent results in or presents:
		(1)  a substantial risk of death, disfigurement, or 
bodily injury; or
		(2)  an observable and material impairment to the 
growth, development, or functioning of the child.
	SECTION 3.  Chapter 26.009, Education Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  Prior to obtaining consent under Subsection (a) for the 
administration of any psychological examination, test, or 
treatment, including as part of an evaluation of the need for 
special education, an employee of a school district shall provide 
the child's parent with:
		(1)  the names and types of the examinations, tests, 
and treatments; and
		(2)  an explanation of how such examinations, tests, 
and treatments would be used in developing an appropriate learning 
plan for the child.
	SECTION 4.  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.



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