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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, Family Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (1-a), (3-a), and |
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(10) to read as follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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growth, development, or psychological functioning; |
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(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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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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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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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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(D) failure to make a reasonable effort to |
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prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
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emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or disabled |
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individual under Section 21.02, Penal Code, indecency with a child |
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under Section 21.11, Penal Code, sexual assault under Section |
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22.011, Penal Code, or aggravated sexual assault under Section |
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22.021, Penal Code; |
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(F) failure to make a reasonable effort to |
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prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code, |
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including compelling or encouraging the child in a manner that |
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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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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
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Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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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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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; |
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(L) knowingly causing, permitting, encouraging, |
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engaging in, or allowing a child to be trafficked in a manner |
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punishable as an offense under Section 20A.02(a)(5), (6), (7), or |
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(8), Penal Code, or the failure to make a reasonable effort to |
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prevent a child from being trafficked in a manner punishable as an |
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offense under any of those sections; [or] |
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(M) forcing or coercing a child to enter into a |
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marriage; or |
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(N) forcing, coercing, or causing a child to |
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undergo conversion therapy. |
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(1-a) "Conversion therapy": |
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(A) means a practice or treatment a health care |
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provider, including a health care provider who is affiliated with a |
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religious organization, provides to an individual that attempts to: |
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(i) change the individual's sexual |
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orientation, including by attempting to change the individual's |
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behavior, gender identity, or expression of gender; or |
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(ii) eliminate or reduce the individual's |
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sexual or romantic attractions or feelings toward other individuals |
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of the same sex; and |
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(B) does not mean a practice or treatment a |
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health care provider, including a health care provider who is |
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affiliated with a religious organization, provides to an individual |
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that: |
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(i) provides acceptance, support, and |
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understanding or facilitates coping, social support, and identity |
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exploration and development, including sexual orientation-neutral |
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interventions to prevent or address unlawful conduct or unsafe |
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sexual practices; and |
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(ii) does not attempt to change the |
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individual's sexual orientation or gender identity. |
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(3-a) "Gender identity" means the gender-related |
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identity, appearance, or other gender-related characteristics of |
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an individual with or without regard to the individual's designated |
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sex at birth. |
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(10) "Sexual orientation" means an individual's actual |
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or perceived heterosexuality, bisexuality, or homosexuality. |
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SECTION 2. This Act takes effect September 1, 2023. |