| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the definition of abuse of a child. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 261.001(1), Family Code, as amended by |
|
|
H.B. No. 375 and H.B. No. 1540, Acts of the 87th Legislature, |
|
|
Regular Session, 2021, as effective September 1, 2021, is reenacted |
|
|
and amended to read as follows: |
|
|
(1) "Abuse": |
|
|
(A) includes the following acts or omissions by a |
|
|
person: |
|
|
(i) [(A)] mental or emotional injury to a |
|
|
child that results in an observable and material impairment in the |
|
|
child's growth, development, or psychological functioning; |
|
|
(ii) [(B)] causing or permitting the child |
|
|
to be in a situation in which the child sustains a mental or |
|
|
emotional injury that results in an observable and material |
|
|
impairment in the child's growth, development, or psychological |
|
|
functioning; |
|
|
(iii) [(C)] physical injury that results in |
|
|
substantial harm to the child, or the genuine threat of substantial |
|
|
harm from physical injury to the child, including an injury that is |
|
|
at variance with the history or explanation given and excluding an |
|
|
accident or reasonable discipline by a parent, guardian, or |
|
|
managing or possessory conservator that does not expose the child |
|
|
to a substantial risk of harm; |
|
|
(iv) [(D)] failure to make a reasonable |
|
|
effort to prevent an action by another person that results in |
|
|
physical injury that results in substantial harm to the child; |
|
|
(v) [(E)] sexual conduct harmful to a |
|
|
child's mental, emotional, or physical welfare, including conduct |
|
|
that constitutes the offense of continuous sexual abuse of young |
|
|
child or disabled individual under Section 21.02, Penal Code, |
|
|
indecency with a child under Section 21.11, Penal Code, sexual |
|
|
assault under Section 22.011, Penal Code, or aggravated sexual |
|
|
assault under Section 22.021, Penal Code; |
|
|
(vi) [(F)] failure to make a reasonable |
|
|
effort to prevent sexual conduct harmful to a child; |
|
|
(vii) [(G)] compelling or encouraging the |
|
|
child to engage in sexual conduct as defined by Section 43.01, Penal |
|
|
Code, including compelling or encouraging the child in a manner |
|
|
that constitutes an offense of trafficking of persons under Section |
|
|
20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under |
|
|
Section 43.021, Penal Code, or compelling prostitution under |
|
|
Section 43.05(a)(2), Penal Code; |
|
|
(viii) [(H)] causing, permitting, |
|
|
encouraging, engaging in, or allowing the photographing, filming, |
|
|
or depicting of the child if the person knew or should have known |
|
|
that the resulting photograph, film, or depiction of the child is |
|
|
obscene as defined by Section 43.21, Penal Code, or pornographic; |
|
|
(ix) [(I)] the current use by a person of a |
|
|
controlled substance as defined by Chapter 481, Health and Safety |
|
|
Code, in a manner or to the extent that the use results in physical, |
|
|
mental, or emotional injury to a child; |
|
|
(x) [(J)] causing, expressly permitting, |
|
|
or encouraging a child to use a controlled substance as defined by |
|
|
Chapter 481, Health and Safety Code; |
|
|
(xi) [(K)] causing, permitting, |
|
|
encouraging, engaging in, or allowing a sexual performance by a |
|
|
child as defined by Section 43.25, Penal Code; |
|
|
(xii) [(L)] knowingly causing, permitting, |
|
|
encouraging, engaging in, or allowing a child to be trafficked in a |
|
|
manner punishable as an offense under Section 20A.02(a)(5), (6), |
|
|
(7), or (8), Penal Code, or the failure to make a reasonable effort |
|
|
to prevent a child from being trafficked in a manner punishable as |
|
|
an offense under any of those sections; [or] |
|
|
(xiii) [(M)] forcing or coercing a child to |
|
|
enter into a marriage; |
|
|
(xiv) administering or supplying, or |
|
|
consenting to or assisting in the administration or supply of, a |
|
|
puberty suppression prescription drug or cross-sex hormone to a |
|
|
child, other than an intersex child, for the purpose of gender |
|
|
transitioning or gender reassignment; or |
|
|
(xv) performing or consenting to the |
|
|
performance of surgery or another medical procedure on a child, |
|
|
other than an intersex child, for the purpose of gender |
|
|
transitioning or gender reassignment; and |
|
|
(B) does not include an act described by |
|
|
Paragraph (A)(xiv) if the act is the dispensing or delivery of a |
|
|
drug in accordance with Subtitle J, Title 3, Occupations Code, by a |
|
|
person licensed under that subtitle. |
|
|
SECTION 2. Section 261.001, Family Code, is amended by |
|
|
adding Subdivision (3-a) to read as follows: |
|
|
(3-a) "Intersex child" means a child who is younger |
|
|
than 18 years of age and either: |
|
|
(A) has inborn chromosomal, gonadal, genital, or |
|
|
endocrine characteristics, or a combination of those |
|
|
characteristics, that are not suited to the typical definition of |
|
|
male or female or are atypical for the determined sex of the child; |
|
|
or |
|
|
(B) is considered by a medical professional to |
|
|
have inborn chromosomal, gonadal, genital, or endocrine |
|
|
characteristics that are ambiguous or atypical for the determined |
|
|
sex of the child. |
|
|
SECTION 3. The changes in law made by this Act to Section |
|
|
261.001, Family Code, do not apply to a person alleged to have |
|
|
committed abuse with respect to a child who: |
|
|
(1) was born on or before August 31, 2010; and |
|
|
(2) before the effective date of this Act, under the |
|
|
care of a licensed physician began taking puberty suppressant |
|
|
prescription drugs or cross-sex hormones or had any surgery or |
|
|
medical procedure performed for the purpose of gender transitioning |
|
|
or gender reassignment. |
|
|
SECTION 4. This Act takes effect on the 91st day after the |
|
|
last day of the legislative session. |