By: Hilderbran H.B. No. 4255
A BILL TO BE ENTITLED
AN ACT
relating to the protection of children by ensuring reports of abuse
or neglect, protecting children from abuse and neglect, and
ensuring that births are reported; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.109, Family Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (c), an [An] offense
under this section is a Class B misdemeanor, unless it is shown on
the trial of the offense that the person has previously been
convicted under this section, in which event the offense is a Class
A misdemeanor.
(c) An offense under this section committed by a person who
is a professional as defined by Section 261.101(b) is a Class A
misdemeanor, unless it is shown on the trial of the offense that the
person has previously been convicted under this section, in which
event the offense is a state jail felony.
SECTION 6. Section 262.001, Family Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) In determining the reasonable efforts, if any, that are
required to be made with respect to preventing or eliminating the
need to remove a child from the child's home or to make it possible
to return a child to the child's home, the child's health and safety
is the paramount concern.
(c) In making a determination under Subsection (b), the
court may find that based on the circumstances no reasonable
efforts would prevent or eliminate the need to remove a child and
that the department satisfied the requirements of Subsection (b)
even though the department made no efforts to prevent or eliminate
the need to remove a child.
SECTION 7. Section 262.1015(b), Family Code, is amended to
read as follows:
(b) A court may issue a temporary restraining order in a
suit by the department for the removal of an alleged perpetrator
under Subsection (a) if the department's petition states facts
sufficient to satisfy the court that:
(1) there is an immediate danger to the physical
health or safety of the child or the child has been a victim of
sexual abuse;
(2) there is no time, consistent with the physical
health or safety of the child, for an adversary hearing;
(3) the child is not in danger of abuse from a parent
or other adult with whom the child will continue to reside in the
residence of the child; [and]
(4) the parent or other adult with whom the child will
continue to reside in the child's home is likely to:
(A) make a reasonable effort to monitor the
residence; and
(B) report to the department and the appropriate
law enforcement agency any attempt by the alleged perpetrator to
return to the residence; and
(5) the issuance of the order is in the best interest
of the child.
SECTION 8. Section 262.102(b), Family Code, is amended to
read as follows:
(b) In determining whether the circumstances described by
Subsections (a)(1) and (2) exist [there is an immediate danger to
the physical health or safety of a child], the court shall [may]
consider whether the child's household includes a person who has:
(1) abused or neglected another child in a manner that
caused serious injury to or the death of the other child; or
(2) sexually abused another child.
SECTION 9. Section 195.004, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) Except as provided by Subsection (d-1), an [An] offense
under this section is a Class C misdemeanor.
(d-1) An offense under this section for failure to perform a
duty required by Section 192.003 is a Class A misdemeanor.
SECTION 10. Section 25.091, Education Code, as amended by
this Act, applies beginning with the 2009-2010 school year.
SECTION 11. The changes in law made by this Act to Sections
25.093 and 25.094, Education Code, Section 261.109, Family Code,
and Section 195.004, Health and Safety Code, apply only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date.
SECTION 12. The change in law made by this Act to Section
262.1015(b), Family Code, applies only to a petition for a
temporary restraining order in a suit by the Department of Family
and Protective Services filed on or after the effective date of this
Act. A petition filed before the effective date of this Act is
governed by the law in effect on the date the petition was filed,
and the former law is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2009.