| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to sexual abuse and child molestation training for |
|
|
volunteers and employees of certain programs for minors held on |
|
|
campuses of institutions of higher education; providing penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 141.002, Health and Safety Code, is |
|
|
amended by amending Subdivision (1) and adding Subdivisions (1-a), |
|
|
(2-a), (3-a), and (3-b) to read as follows: |
|
|
(1) "Camper" means a minor who is attending: |
|
|
(A) a youth camp on a day care or boarding basis; |
|
|
or |
|
|
(B) a campus program for minors. |
|
|
(1-a) "Campus program for minors" means a program |
|
|
that: |
|
|
(A) is operated by or on the campus of an |
|
|
institution of higher education or a private or independent |
|
|
institution of higher education; |
|
|
(B) offers recreational, athletic, religious, or |
|
|
educational activities for at least five campers who: |
|
|
(i) are not enrolled at the institution; |
|
|
and |
|
|
(ii) attend or temporarily reside at the |
|
|
camp for all or part of at least four days; and |
|
|
(C) is not a day camp, a youth camp, or a facility |
|
|
or program required to be licensed by the Department of Family and |
|
|
Protective Services. |
|
|
(2-a) "Institution of higher education" has the |
|
|
meaning assigned by Section 61.003, Education Code. |
|
|
(3-a) "Private or independent institution of higher |
|
|
education" has the meaning assigned by Section 61.003, Education |
|
|
Code. |
|
|
(3-b) "Program operator" means a person who owns, |
|
|
operates, or supervises a campus program for minors, regardless of |
|
|
profit. |
|
|
SECTION 2. Section 141.0021, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 141.0021. EXEMPTION. Except as provided by Section |
|
|
141.00951, this [This] chapter does not apply to a facility or |
|
|
program operated by or on the campus of an institution of higher |
|
|
education or a private or independent institution of higher |
|
|
education [as those terms are defined by Section 61.003, Education
|
|
|
Code,] that is regularly inspected by one or more local |
|
|
governmental entities for compliance with health and safety |
|
|
standards. |
|
|
SECTION 3. The heading to Section 141.0095, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 141.0095. YOUTH CAMP: TRAINING AND EXAMINATION |
|
|
PROGRAM. |
|
|
SECTION 4. Section 141.0095(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(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 under this section to ensure |
|
|
the program continues to meet the criteria and guidelines |
|
|
established by rule under this section. |
|
|
SECTION 5. Chapter 141, Health and Safety Code, is amended |
|
|
by adding Section 141.00951 to read as follows: |
|
|
Sec. 141.00951. CAMPUS PROGRAM FOR MINORS: TRAINING AND |
|
|
EXAMINATION PROGRAM. (a) A program operator may not employ or |
|
|
accept the volunteer service of an individual in a position |
|
|
involving contact with campers at a campus program for minors |
|
|
unless: |
|
|
(1) the individual submits to the program operator or |
|
|
the campus program for minors 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 campus |
|
|
program for minors training and examination program, which must be |
|
|
approved by the department as required by this section, during the |
|
|
individual's first workweek and the campus program for minors |
|
|
issues and files documentation verifying successful completion. |
|
|
(b) A program operator must: |
|
|
(1) submit to the department: |
|
|
(A) on the form and within the time prescribed by |
|
|
the department verification that each employee or volunteer of the |
|
|
campus program for minors has complied with the requirements of |
|
|
this section; and |
|
|
(B) the fee assessed by the department under |
|
|
Subsection (e); and |
|
|
(2) retain in the operator'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 campus |
|
|
program for minors must successfully complete the training and |
|
|
examination program required by this section during the applicable |
|
|
period prescribed by Subsection (a). |
|
|
(d) In accordance with this section, the executive |
|
|
commissioner of the Health and Human Services Commission by rule |
|
|
shall establish criteria and guidelines for the training and |
|
|
examination program required by this section. The training and |
|
|
examination program must include training and an examination on the |
|
|
topics listed in Section 141.0095(e). The department may approve |
|
|
training and examination programs offered by trainers under |
|
|
contract with campus programs for minors or by online training |
|
|
organizations or may approve programs offered in another format |
|
|
authorized by the department. |
|
|
(e) The department may assess a fee in the amount necessary |
|
|
to cover the costs of administering this section to: |
|
|
(1) each person that applies for the department's |
|
|
approval of a training and examination program under this section; |
|
|
and |
|
|
(2) each program operator who files with the |
|
|
department the verification form required under Subsection |
|
|
(b)(1)(A). |
|
|
(f) The department at least every five years shall review |
|
|
each training and examination program approved by the department |
|
|
under this section to ensure the program continues to meet the |
|
|
criteria and guidelines established by rule under this section. |
|
|
(g) The department may investigate a person the department |
|
|
suspects of violating this section or a rule adopted under this |
|
|
section. A person who violates this section is subject to the |
|
|
enforcement provisions of Section 141.015. |
|
|
SECTION 6. (a) Not later than December 1, 2011, the |
|
|
executive commissioner of the Health and Human Services Commission |
|
|
by rule shall establish criteria and guidelines for the training |
|
|
and examination program on sexual abuse and child molestation |
|
|
required by Section 141.00951, Health and Safety Code, as added by |
|
|
this Act. |
|
|
(b) Notwithstanding Section 141.00951, Health and Safety |
|
|
Code, as added by this Act, a campus program for minors or an |
|
|
individual employed by or volunteering at a campus program for |
|
|
minors is not required to comply with Section 141.00951, Health and |
|
|
Safety Code, as added by this Act, before June 1, 2012. |
|
|
SECTION 7. This Act takes effect September 1, 2011. |