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By:  Dunnam                                                       H.B. No. 3350



A BILL TO BE ENTITLED

AN ACT

relating to the duty to report child abuse.                                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 261.101, Family Code, is amended by 
adding Subchapter A to read as follows:
	Sec. 261.101.  PERSONS REQUIRED TO REPORT;  TIME TO REPORT.  
(a)  A person having cause to believe that a child's physical or 
mental health or welfare has been adversely affected by abuse or 
neglect by any person shall immediately make a report as provided by 
this subchapter.
	(b)  If a professional has cause to believe that a child has 
been abused or neglected or may be abused or neglected, or that a 
child is a victim of an offense under Section 21.11, Penal Code, and 
the professional has cause to believe that the child has been abused 
as defined by Section 261.001, the professional shall make a report 
not later than the 48th hour after the hour the professional first 
suspects that the child has been or may be abused or neglected or is 
a victim of an offense under Section 21.11, Penal Code.  A 
professional may not delegate to or rely on another person to make 
the report.  In this subsection, "professional" means an individual 
who is licensed or certified by the state or who is an employee of a 
facility licensed, certified, or operated by the state and who, in 
the normal course of official duties or duties for which a license 
or certification is required, has direct contact with children.  
The term includes teachers, nurses, doctors, day-care employees, 
employees of a clinic or health care facility that provides 
reproductive services, juvenile probation officers, and juvenile 
detention or correctional officers.
	(c)  If a professional has cause to believe that the conduct 
of a person is barred from prosecution under Section 21.11(b), 
Penal Code, the professional is not required to make a report under 
Subsections (a) and (b).
	(d)  The requirement to report under this section applies 
without exception to an individual whose personal communications 
may otherwise be privileged, including an attorney, a member of the 
clergy, a medical practitioner, a social worker, a mental health 
professional, and an employee of a clinic or health care facility 
that provides reproductive services.
	(e) [(d)]  Unless waived in writing by the person making the 
report, the identity of an individual making a report under this 
chapter is confidential and may be disclosed only:
		(1)  as provided by Section 261.201;  or                                      
		(2)  to a law enforcement officer for the purposes of 
conducting a criminal investigation of the report.
	SECTION 2.  EFFECTIVE DATE.  This Act takes effect September 
1, 2005.