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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of certain public and private |
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institutions of higher education for failure by an administrator to |
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report child abuse or neglect; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 261, Family Code, is |
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amended by adding Section 261.1011 to read as follows: |
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Sec. 261.1011. CERTAIN INSTITUTIONS OF HIGHER EDUCATION |
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REQUIRED TO REPORT; CIVIL PENALTY. (a) In this section, "general |
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academic teaching institution" and "private or independent |
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institution of higher education" have the meanings assigned by |
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Section 61.003, Education Code. |
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(b) An administrator of a general academic teaching |
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institution or of a private or independent institution of higher |
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education in this state who receives information from a faculty or |
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staff member of the institution that a child's physical or mental |
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health or welfare was adversely affected by abuse or neglect by any |
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person while the child was on the property of the institution or |
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during an event sponsored by the institution shall immediately make |
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a report in the manner provided by this subchapter. |
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(c) A general academic teaching institution or private or |
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independent institution of higher education in this state is liable |
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to the state for a civil penalty of $1 million if an administrator |
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fails to report abuse or neglect as described by Subsection (b). |
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(d) The attorney general may bring an action to collect the |
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civil penalty described by Subsection (c). |
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(e) This section does not: |
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(1) create personal liability or criminal |
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responsibility for an administrator of a general academic teaching |
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institution or of a private or independent institution of higher |
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education who fails to report child abuse or neglect; or |
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(2) limit or alter any personal liability or criminal |
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responsibility of the administrator for failure to report under any |
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other law. |
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SECTION 2. The change in law made by this Act applies only |
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to an administrator who receives information about suspected child |
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abuse or neglect on or after the effective date of this Act. An |
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administrator who receives information about suspected child abuse |
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or neglect before the effective date of this Act is governed by the |
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law in effect when the information was received, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |