BILL ANALYSIS

H.B. 1205

By: Parker

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that current laws in Texas do not adequately address circumstances in which a professional has cause to believe that a child's well-being has been or may be adversely affected by abuse or neglect but fails to report that abuse or neglect with the intent to conceal the abuse or neglect. H.B. 1205 seeks to address this issue by strengthening and clarifying the law relating to reporting child abuse or neglect.        

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1205 amends the Family Code to clarify the conduct that constitutes an offense relating to failure of a person to report abuse or neglect of a child. The bill makes it a Class A misdemeanor offense for a professional required to make a report of child abuse or neglect not later than the 48th hour after the hour the professional first suspects that a child has been or may be abused or neglected or is a victim of an offense of indecency with a child to knowingly fail to make such a report.  The bill enhances the penalty for such an offense to a state jail felony if it is shown on trial of the offense that the actor intended to conceal the abuse or neglect.

EFFECTIVE DATE

September 1, 2013.