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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of abuse of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.001(1), Family Code, as amended by |
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H.B. No. 375 and H.B. No. 1540, Acts of the 87th Legislature, |
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Regular Session, 2021, as effective September 1, 2021, is reenacted |
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and amended to read as follows: |
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(1) "Abuse": |
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(A) includes the following acts or omissions by a |
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person: |
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(i) [(A)] mental or emotional injury to a |
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child that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(ii) [(B)] causing or permitting the child |
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to be in a situation in which the child sustains a mental or |
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emotional injury that results in an observable and material |
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impairment in the child's growth, development, or psychological |
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functioning; |
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(iii) [(C)] physical injury that results in |
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substantial harm to the child, or the genuine threat of substantial |
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harm from physical injury to the child, including an injury that is |
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at variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(iv) [(D)] failure to make a reasonable |
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effort to prevent an action by another person that results in |
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physical injury that results in substantial harm to the child; |
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(v) [(E)] sexual conduct harmful to a |
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child's mental, emotional, or physical welfare, including conduct |
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that constitutes the offense of continuous sexual abuse of young |
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child or disabled individual under Section 21.02, Penal Code, |
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indecency with a child under Section 21.11, Penal Code, sexual |
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assault under Section 22.011, Penal Code, or aggravated sexual |
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assault under Section 22.021, Penal Code; |
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(vi) [(F)] failure to make a reasonable |
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effort to prevent sexual conduct harmful to a child; |
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(vii) [(G)] compelling or encouraging the |
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child to engage in sexual conduct as defined by Section 43.01, Penal |
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Code, including compelling or encouraging the child in a manner |
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that constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under |
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Section 43.021, Penal Code, or compelling prostitution under |
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Section 43.05(a)(2), Penal Code; |
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(viii) [(H)] causing, permitting, |
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encouraging, engaging in, or allowing the photographing, filming, |
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or depicting of the child if the person knew or should have known |
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that the resulting photograph, film, or depiction of the child is |
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obscene as defined by Section 43.21, Penal Code, or pornographic; |
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(ix) [(I)] the current use by a person of a |
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controlled substance as defined by Chapter 481, Health and Safety |
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Code, in a manner or to the extent that the use results in physical, |
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mental, or emotional injury to a child; |
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(x) [(J)] causing, expressly permitting, |
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or encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; |
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(xi) [(K)] causing, permitting, |
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encouraging, engaging in, or allowing a sexual performance by a |
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child as defined by Section 43.25, Penal Code; |
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(xii) [(L)] knowingly causing, permitting, |
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encouraging, engaging in, or allowing a child to be trafficked in a |
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manner punishable as an offense under Section 20A.02(a)(5), (6), |
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(7), or (8), Penal Code, or the failure to make a reasonable effort |
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to prevent a child from being trafficked in a manner punishable as |
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an offense under any of those sections; or |
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(xiii) [(M)] forcing or coercing a child to |
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enter into a marriage; |
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(B) subject to Paragraph (C), includes the |
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following acts by a medical professional or mental health |
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professional for the purpose of attempting to change or affirm a |
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child's perception of the child's sex, if that perception is |
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inconsistent with the child's biological sex as determined by the |
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child's sex organs, chromosomes, and endogenous hormone profiles: |
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(i) performing a surgery that sterilizes |
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the child, including castration, vasectomy, hysterectomy, |
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oophorectomy, metoidioplasty, orchiectomy, penectomy, |
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phalloplasty, and vaginoplasty; |
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(ii) performing a mastectomy; |
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(iii) administering or supplying any of the |
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following medications that induce transient or permanent |
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infertility: |
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(a) puberty-blocking medication to |
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stop or delay normal puberty; |
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(b) supraphysiologic doses of |
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testosterone to females; or |
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(c) supraphysiologic doses of |
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estrogen to males; or |
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(iv) removing any otherwise healthy or |
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non-diseased body part or tissue; and |
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(C) does not include an act described by |
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Paragraph (B) performed on a child born with a medically verifiable |
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genetic disorder of sex development, including: |
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(i) a child with external biological sex |
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characteristics that are irresolvably ambiguous, including a child |
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born having: |
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(a) 46, XX chromosomes with |
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virilization; |
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(b) 46, XY chromosomes with |
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undervirilization; or |
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(c) both ovarian and testicular |
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tissue; or |
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(ii) a child who does not have the normal |
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sex chromosome structure for a male or female as determined by a |
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physician through genetic testing. |
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SECTION 2. Section 261.001, Family Code, is amended by |
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adding Subdivisions (3-a) and (3-b) to read as follows: |
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(3-a) "Medical professional" means a physician, |
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physician assistant, or advanced practice registered nurse |
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licensed to practice in this state. |
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(3-b) "Mental health professional" means a person who |
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is licensed to practice in this state as a psychologist, |
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psychiatrist, social worker, marriage and family therapist, mental |
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health counselor, or educational psychologist or any other person |
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designated or licensed under state law as a mental health or |
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behavioral science professional. |
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SECTION 3. Section 71.004, Family Code, is amended to read |
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as follows: |
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Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: |
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(1) an act by a member of a family or household against |
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another member of the family or household that is intended to result |
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in physical harm, bodily injury, assault, or sexual assault or that |
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is a threat that reasonably places the member in fear of imminent |
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physical harm, bodily injury, assault, or sexual assault, but does |
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not include defensive measures to protect oneself; |
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(2) abuse, as that term is defined by Sections |
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261.001(1)(A)(iii), (v), (vii), (viii), (ix), (x), (xi), and (xiii) |
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[261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M)], by a member |
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of a family or household toward a child of the family or household; |
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or |
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(3) dating violence, as that term is defined by |
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Section 71.0021. |
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SECTION 4. This Act takes effect December 1, 2021. |