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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of children from abuse or neglect; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 261.101(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) A person who suspects [having cause to believe] that a |
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child has been abused or neglected [child's physical or mental
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health or welfare has been adversely affected by abuse or neglect] |
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by any person shall immediately make a report as provided by this |
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subchapter. |
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(b) If a professional suspects [has cause to believe] that a |
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child has been abused or neglected or may be abused or neglected, or |
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that a child is a victim of an offense under Section 21.11, Penal |
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Code, and the professional suspects [has cause to believe] that the |
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child has been abused as defined by Section 261.001 or 261.401, the |
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professional shall make a report not later than the 48th hour after |
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the hour the professional first suspects that the child has been or |
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may be abused or neglected or is a victim of an offense under |
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Section 21.11, Penal Code. A professional may not delegate to or |
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rely on another person to make the report. In this subsection, |
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"professional" means an individual who is licensed or certified by |
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the state or who is an employee, volunteer, or independent |
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contractor of a facility licensed, certified, or operated by the |
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state and who, in the normal course of official duties or duties for |
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which a license or certification is required, has direct contact |
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with children. The term includes teachers, nurses, doctors, |
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day-care employees, employees of a clinic or health care facility |
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that provides reproductive services, juvenile probation officers, |
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and juvenile detention or correctional officers. |
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SECTION 2. Section 261.102, Family Code, is amended to read |
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as follows: |
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Sec. 261.102. MATTERS TO BE REPORTED. A report should |
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reflect the reporter's suspicion [belief] that a child has been or |
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may be abused or neglected or has died of abuse or neglect. |
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SECTION 3. Section 261.109(a), Family Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person suspects [has
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cause to believe] that a child has been abused or neglected [child's
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physical or mental health or welfare has been or may be adversely
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affected by abuse or neglect] and knowingly fails to report as |
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provided in this chapter. |
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SECTION 4. Subchapter B, Chapter 420, Government Code, is |
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amended by adding Section 420.033 to read as follows: |
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Sec. 420.033. MANDATORY EVIDENCE COLLECTION FOR CERTAIN |
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SEXUAL OFFENSES. (a) In this section: |
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(1) "Department" means the Department of Public Safety |
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of the State of Texas. |
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(2) "Director" means the public safety director of the |
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department. |
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(b) In accordance with the rules adopted under Subsection |
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(c), a physician who performs an abortion shall collect and submit |
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to the department a fetal tissue sample extracted during the |
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performance of the abortion if the physician: |
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(1) performs the abortion on a child who is younger |
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than 14 years of age; and |
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(2) knows or should reasonably believe that the child |
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is the victim of an offense described by Section 21.02, 21.11, |
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21.12, 22.011, 22.021, 25.02, or 43.25, Penal Code. |
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(c) The director by rule shall prescribe: |
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(1) the amount and type of fetal tissue to be collected |
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and submitted by a physician under Subsection (b); |
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(2) procedures for the proper preservation of a fetal |
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tissue sample submitted under Subsection (b); |
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(3) procedures for documenting the chain of custody of |
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a fetal tissue sample collected and submitted under Subsection (b); |
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(4) procedures for the proper disposal of a fetal |
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tissue sample submitted under Subsection (b); |
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(5) a uniform reporting form for use by a physician |
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when submitting a fetal tissue sample to the department, which must |
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include: |
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(A) the name and business address of the |
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physician; and |
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(B) the name and residence address of the parent |
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or legal guardian of the child on whom the abortion was performed; |
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and |
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(6) procedures for communicating with law enforcement |
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agencies regarding evidence obtained under this section. |
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(d) The department shall preserve the submitted sample |
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until the 10th anniversary of the date on which the department |
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received the sample. |
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(e) A violation of this section is grounds for disciplinary |
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action and imposition of an administrative penalty by the Texas |
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Medical Board. |
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(f) A physician commits an offense if the physician fails to |
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comply with this section or rules adopted under this section. An |
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offense under this subsection is a Class A misdemeanor. |
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SECTION 5. (a) Not later than December 1, 2011, the public |
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safety director of the Department of Public Safety of the State of |
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Texas shall adopt the rules required by Section 420.033(c), |
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Government Code, as added by this Act. |
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(b) Notwithstanding Section 420.033, Government Code, as |
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added by this Act, a physician is not required to collect or submit |
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a fetal tissue sample under that section before December 1, 2011. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2011. |