S.B. No. 990
AN ACT
relating to a training and examination program on sexual abuse and
child molestation for certain persons who work at youth camps.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 141, Health and Safety Code, is amended
by adding Sections 141.0095 and 141.0096 to read as follows:
Sec. 141.0095. TRAINING AND EXAMINATION PROGRAM. (a) A
person holding a license issued under this chapter may not employ or
accept the volunteer service of an individual for a position
involving contact with campers at a youth camp unless:
(1) the individual submits to the person or the youth
camp has on file documentation that verifies the individual within
the preceding two years successfully completed the training and
examination program required by this section; or
(2) the individual successfully completes the youth
camp's training and examination program, which must be approved by
the department as required by this section, during the individual's
first workweek and the youth camp issues and files documentation
verifying that fact.
(b) A person holding a license issued under this chapter
must retain in the person's records a copy of the documentation
required or issued under Subsection (a) for each employee or
volunteer until the second anniversary of the examination date.
(c) A person applying for or holding an employee or
volunteer position involving contact with campers at a youth camp
must successfully complete the training and examination program on
sexual abuse and child molestation required by this section during
the applicable period described by Subsection (a).
(d) In accordance with this section and the criteria and
guidelines developed by the training advisory committee
established under Section 141.0096, the executive commissioner of
the Health and Human Services Commission by rule shall establish
criteria and guidelines for training and examination programs on
sexual abuse and child molestation. The department may approve
training and examination programs offered by trainers under
contract with youth camps or by online training organizations or
may approve programs offered in another format authorized by the
department.
(e) A training and examination program on sexual abuse and
child molestation approved by the department must include training
and an examination on:
(1) the definitions and effects of sexual abuse and
child molestation;
(2) the typical patterns of behavior and methods of
operation of child molesters and sex offenders that put children at
risk;
(3) the warning signs and symptoms associated with
sexual abuse or child molestation, recognition of the signs and
symptoms, and the recommended methods of reporting suspected abuse;
and
(4) the recommended rules and procedures for youth
camps to implement to address, reduce, prevent, and report
suspected sexual abuse or child molestation.
(f) The department may assess a fee in the amount necessary
to cover the costs of administering this section to each person that
applies for the department's approval of a training and examination
program on sexual abuse and child molestation under this section.
(g) The department at least every five years shall review
each training and examination program on sexual abuse and child
molestation approved by the department to ensure the program
continues to meet the criteria and guidelines established by rule
under this section.
Sec. 141.0096. TRAINING ADVISORY COMMITTEE. (a) The
department shall appoint a training advisory committee to advise
the department and the executive commissioner of the Health and
Human Services Commission in the development of criteria and
guidelines for the training and examination program on sexual abuse
and child molestation required under Section 141.0095 and to
perform any other functions requested by the department.
(b) The training advisory committee consists of not more
than nine members selected by the commissioner of state health
services as follows:
(1) at least two members who represent the general
public; and
(2) other members, who include experienced camping
professionals representing the camping communities of this state,
representatives of youth camps selected by the department, and
representatives of the Council on Sex Offender Treatment
established under Chapter 110, Occupations Code.
(c) The training advisory committee shall meet at the call
of the commissioner of state health services.
(d) The training advisory committee may elect a chair, vice
chair, and secretary from among its members and may adopt rules for
the conduct of its own activities.
(e) An advisory committee member may not receive
compensation or reimbursement of expenses for serving on the
advisory committee.
SECTION 2. (a) The commissioner of state health services
shall appoint the members of the training advisory committee
created under Section 141.0096, Health and Safety Code, as added by
this Act, as soon as practicable after the effective date of this
Act.
(b) Notwithstanding Section 141.0095, Health and Safety
Code, as added by this Act, a youth camp or an individual employed
by or volunteering at a youth camp is not required to comply with
Section 141.0095, Health and Safety Code, before June 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 990 passed the Senate on
April 29, 2005, by the following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 990 passed the House on
May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor