85R7418 MK-D
 
  By: Kuempel H.B. No. 2205
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a report of child abuse or neglect made by an employee
  of a school district or an open-enrollment charter school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.004(a), Education Code, is amended to
  read as follows:
         (a)  The agency shall develop a policy governing the reports
  of child abuse or neglect, including reports related to the
  trafficking of a child under Section 20A.02(a)(5), (6), (7), or
  (8), Penal Code, as required by Chapter 261, Family Code, for school
  districts, open-enrollment charter schools, and their employees.  
  The policy must provide for cooperation with law enforcement child
  abuse investigations without the consent of the child's parents if
  necessary, including investigations by the Department of Family and
  Protective Services.  The policy must require each school district
  and open-enrollment charter school employee to report child abuse
  or neglect, including the trafficking of a child under Section
  20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter
  261, Family Code, except that a school district or open-enrollment
  charter school employee must make the report to both the Department
  of Family and Protective Services and a local or state law
  enforcement agency.  Each school district and open-enrollment
  charter school shall adopt the policy.
         SECTION 2.  Section 261.103, Family Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Except as otherwise provided by this section
  [Subsections (b) and (c)] and Section 261.405, a report shall be
  made to:
               (1)  any local or state law enforcement agency;
               (2)  the department; or
               (3)  the state agency that operates, licenses,
  certifies, or registers the facility in which the alleged abuse or
  neglect occurred.
         (d)  Notwithstanding any other provision of this section, an
  employee of a school district or open-enrollment charter school who
  is required to make a report of child abuse or neglect, including
  the trafficking of a child under Section 20A.02(a)(5) or (7), Penal
  Code, must make a report to both the department and to a local or
  state law enforcement agency. 
         SECTION 3.  This Act takes effect September 1, 2017.