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A BILL TO BE ENTITLED
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AN ACT
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relating to sexual abuse and child molestation training and |
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examination for employees of certain programs for minors held on |
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campuses of institutions of higher education; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.976 to read as follows: |
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Sec. 51.976. TRAINING AND EXAMINATION PROGRAM FOR EMPLOYEES |
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OF CAMPUS PROGRAMS FOR MINORS ON WARNING SIGNS OF SEXUAL ABUSE AND |
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CHILD MOLESTATION. (a) In this section: |
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(1) "Camper" means a minor who is attending a campus |
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program for minors. |
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(2) "Campus program for minors" means a program that: |
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(A) is operated by or on the campus of an |
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institution of higher education or a private or independent |
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institution of higher education; |
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(B) offers recreational, athletic, religious, or |
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educational activities for at least 20 campers who: |
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(i) are not enrolled at the institution; |
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and |
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(ii) attend or temporarily reside at the |
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camp for all or part of at least four days; and |
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(C) is not a day camp or youth camp as defined by |
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Section 141.002, Health and Safety Code, or a facility or program |
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required to be licensed by the Department of Family and Protective |
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Services. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(5) "Private or independent institution of higher |
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education" has the meaning assigned by Section 61.003. |
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(6) "Program operator" means a person who owns, |
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operates, or supervises a campus program for minors, regardless of |
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profit. |
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(7) "Training and examination program on sexual abuse |
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and child molestation" means a program approved by the department |
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under Subsection (f). |
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(b) A program operator may not employ an individual in a |
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position involving contact with campers at a campus program for |
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minors unless: |
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(1) the individual submits to the program operator or |
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the campus program for minors has on file documentation that |
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verifies the individual within the preceding two years successfully |
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completed the training and examination program on sexual abuse and |
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child molestation; or |
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(2) the individual successfully completes the campus |
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program for minors training and examination program on sexual abuse |
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and child molestation, which must be approved by the department, |
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during the individual's first five days of employment by the campus |
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program for minors and the campus program issues and files |
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documentation verifying successful completion. |
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(c) Subsection (b) does not apply to an individual who is a |
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student enrolled at the institution of higher education or private |
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or independent institution of higher education that operates the |
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campus program for minors or at which the campus program is |
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conducted and whose contact with campers is limited to a single |
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class of short duration. |
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(d) A program operator must: |
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(1) submit to the department: |
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(A) on the form and within the time prescribed by |
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the department verification that each employee of the campus |
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program for minors has complied with the requirements of this |
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section; and |
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(B) the fee assessed by the department under |
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Subsection (g); and |
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(2) retain in the operator's records a copy of the |
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documentation required or issued under Subsection (b) for each |
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employee until the second anniversary of the examination date. |
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(e) A person applying for or holding an employee position |
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involving contact with campers at a campus program for minors must |
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successfully complete the training and examination program on |
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sexual abuse and child molestation during the applicable period |
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prescribed by Subsection (b). |
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(f) The executive commissioner of the Health and Human |
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Services Commission by rule shall establish criteria and guidelines |
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for the training and examination program on sexual abuse and child |
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molestation required by this section. The program must include |
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training and an examination on the topics listed in Section |
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141.0095(e), Health and Safety Code. The department may approve |
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training and examination programs on sexual abuse and child |
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molestation offered by trainers under contract with campus programs |
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for minors or by online training organizations or may approve |
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programs offered in another format authorized by the department. |
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(g) The department may assess a fee in the amount necessary |
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to cover the costs of administering this section to: |
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(1) each person that applies for the department's |
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approval of a training and examination program on sexual abuse and |
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child molestation under this section; and |
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(2) each program operator who files with the |
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department the verification form required under Subsection |
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(d)(1)(A). |
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(h) The department at least every five years shall review |
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each training and examination program on sexual abuse and child |
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molestation approved by the department under Subsection (f) to |
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ensure the program continues to meet the criteria and guidelines |
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established by rule under that subsection. |
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(i) The department may investigate a person the department |
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suspects of violating this section or a rule adopted under this |
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section. A person who violates this section is subject to the |
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enforcement provisions of Section 141.015, Health and Safety Code, |
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as if the person violated Chapter 141, Health and Safety Code, or a |
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rule adopted under that chapter. |
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(j) The program operator and the institution that operates |
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the campus program for minors or at which the campus program is |
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conducted are immune from civil or criminal liability for any act or |
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omission of an employee for which the employee is immune under |
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Section 261.106, Family Code. |
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(k) A program operator shall consider the costs of |
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compliance with this section in determining any charges or fees |
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imposed and collected for participation in the campus program for |
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minors. |
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SECTION 2. (a) Not later than December 1, 2011, the |
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executive commissioner of the Health and Human Services Commission |
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by rule shall establish criteria and guidelines for the training |
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and examination program on sexual abuse and child molestation |
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required by Section 51.976, Education Code, as added by this Act. |
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(b) Notwithstanding Section 51.976, Education Code, as |
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added by this Act, a campus program for minors or an individual |
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employed by a campus program for minors is not required to comply |
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with Section 51.976, Education Code, as added by this Act, before |
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June 1, 2012. |
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SECTION 3. This Act takes effect September 1, 2011. |
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* * * * * |