By:  Dunnam                                                       H.B. No. 3113



A BILL TO BE ENTITLED

AN ACT

relating to the definition of abuse of a child.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sec. 261.001(1), Family Code, is amended to read 
as follows:     
		(1)  "Abuse" includes the following acts or omissions 
by a person:          
			(A)  mental or emotional injury to a child that 
results in an observable and material impairment in the child's 
growth, development, or psychological functioning;
			(B)  causing or permitting the child to be in a 
situation in which the child sustains a mental or emotional injury 
that results in an observable and material impairment in the 
child's growth, development, or psychological functioning;
			(C)  physical injury that results in substantial 
harm to the child, or the genuine threat of substantial harm from 
physical injury to the child, including an injury that is at 
variance with the history or explanation given and excluding an 
accident or reasonable discipline by a parent, guardian, or 
managing or possessory conservator that does not expose the child 
to a substantial risk of harm;
			(D)  failure to make a reasonable effort to 
prevent an action by another person that results in physical injury 
that results in substantial harm to the child;
			(E)  sexual conduct harmful to a child's mental, 
emotional, or physical welfare[, including conduct that 
constitutes the offense of indecency with a child under Section 
21.11, Penal Code, sexual assault under Section 22.011, Penal Code, 
or aggravated sexual assault under Section 22.021, Penal Code];
			(F)  failure to make a reasonable effort to 
prevent sexual conduct harmful to a child;
			(G)  compelling or encouraging the child to engage 
in sexual conduct as defined by Section 43.01, Penal Code;
			(H)  causing, permitting, encouraging, engaging 
in, or allowing the photographing, filming, or depicting of the 
child if the person knew or should have known that the resulting 
photograph, film, or depiction of the child is obscene as defined by 
Section 43.21, Penal Code, or pornographic;
			(I)  the current use by a person of a controlled 
substance as defined by Chapter 481, Health and Safety Code, in a 
manner or to the extent that the use results in physical, mental, or 
emotional injury to a child;
			(J)  causing, expressly permitting, or 
encouraging a child to use a controlled substance as defined by 
Chapter 481, Health and Safety Code; or
			(K)  causing, permitting, encouraging, engaging 
in, or allowing a sexual performance by a child as defined by 
Section 43.25, Penal Code.
	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.