| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to youth camp abuse complaints and compliance orders. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 141, Health and Safety Code, is amended |
|
|
by adding Sections 141.0051 and 141.0085 to read as follows: |
|
|
Sec. 141.0051. LICENSE; CONSIDERATION OF CERTAIN |
|
|
CONVICTIONS. In making a determination on issuance, renewal, or |
|
|
revocation of a youth camp operator's license, the department shall |
|
|
consider whether the youth camp employs or formerly employed an |
|
|
individual who was convicted of an act of sexual abuse, as defined |
|
|
by Section 21.02, Penal Code, arising from the individual's |
|
|
employment with the camp. |
|
|
Sec. 141.0085. REPORTS OF ABUSE; DUTIES OF YOUTH CAMP |
|
|
OPERATOR. (a) The executive commissioner by rule shall establish a |
|
|
procedure for the department to forward a report of alleged abuse of |
|
|
a camper that is received by the department to the Department of |
|
|
Family and Protective Services or another appropriate agency. |
|
|
(b) If a law enforcement agency notifies a youth camp |
|
|
operator of the investigation or conviction of an individual who is |
|
|
employed or was formerly employed by the camp for an act of sexual |
|
|
abuse, as defined by Section 21.02, Penal Code, and the |
|
|
investigation or conviction arises from the individual's |
|
|
employment with the camp, the operator shall: |
|
|
(1) immediately notify the department of the |
|
|
investigation or conviction; and |
|
|
(2) retain all records related to the investigation or |
|
|
conviction until the department notifies the camp that the record |
|
|
retention is no longer required. |
|
|
SECTION 2. Chapter 141, Health and Safety Code, is amended |
|
|
by adding Sections 141.0111 and 141.0112 to read as follows: |
|
|
Sec. 141.0111. REQUIRED NOTICE ABOUT ABUSE REPORTING. (a) |
|
|
A youth camp operator shall provide notice to the public regarding |
|
|
the method for reporting to the department suspected abuse |
|
|
occurring at the youth camp. The operator must provide the notice |
|
|
by: |
|
|
(1) posting a conspicuous sign in at least one |
|
|
prominent location at the youth camp that is accessible to the |
|
|
public; |
|
|
(2) posting the information on the youth camp's |
|
|
publicly accessible Internet website; and |
|
|
(3) on request, making a written copy of the |
|
|
information available to a person. |
|
|
(b) The department shall prescribe the content of the notice |
|
|
required by Subsection (a). |
|
|
Sec. 141.0112. REQUIRED NOTICE ABOUT YOUTH CAMP COMPLAINTS |
|
|
AND DISCIPLINARY ACTIONS. (a) The department shall post on the |
|
|
department's Internet website each youth camp compliance order |
|
|
issued by the department until at least the third anniversary of the |
|
|
date the compliance order was finally adjudicated. |
|
|
(b) A youth camp operator shall include on the camp's |
|
|
publicly accessible Internet website a clearly marked direct link |
|
|
to the web page on the department's Internet website on which the |
|
|
department posts youth camp compliance orders issued by the |
|
|
department. |
|
|
SECTION 3. Not later than December 1, 2019, the Department |
|
|
of State Health Services shall prescribe the content of the notice |
|
|
to the public as required by Section 141.0111, Health and Safety |
|
|
Code, as added by this Act. |
|
|
SECTION 4. Notwithstanding Sections 141.0085, 141.0111, |
|
|
and 141.0112, Health and Safety Code, as added by this Act, a youth |
|
|
camp operator is not required to comply with those sections until |
|
|
January 1, 2020. |
|
|
SECTION 5. This Act takes effect September 1, 2019. |