Texas 2011 - 82nd Regular

Texas House Bill HB2701 Compare Versions

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1	1	82R23353 YDB-D
2	2	By: Eiland H.B. No. 2701
3	3	Substitute the following for H.B. No. 2701:
4	4	By: Branch C.S.H.B. No. 2701
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to sexual abuse and child molestation training and
10	10	examination for employees of certain programs for minors held on
11	11	campuses of institutions of higher education; providing penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
14	14	amended by adding Section 51.976 to read as follows:
15	15	Sec. 51.976. TRAINING AND EXAMINATION PROGRAM FOR EMPLOYEES
16	16	OF CAMPUS PROGRAMS FOR MINORS ON WARNING SIGNS OF SEXUAL ABUSE AND
17	17	CHILD MOLESTATION. (a) In this section:
18	18	(1) "Camper" means a minor who is attending a campus
19	19	program for minors.
20	20	(2) "Campus program for minors" means a program that:
21	21	(A) is operated by or on the campus of an
22	22	institution of higher education or a private or independent
23	23	institution of higher education;
24	24	(B) offers recreational, athletic, religious, or
25	25	educational activities for at least 20 campers who:
26	26	(i) are not enrolled at the institution;
27	27	and
28	28	(ii) attend or temporarily reside at the
29	29	camp for all or part of at least four days; and
30	30	(C) is not a day camp or youth camp as defined by
31	31	Section 141.002, Health and Safety Code, or a facility or program
32	32	required to be licensed by the Department of Family and Protective
33	33	Services.
34	34	(3) "Department" means the Department of State Health
35	35	Services.
36	36	(4) "Institution of higher education" has the meaning
37	37	assigned by Section 61.003.
38	38	(5) "Private or independent institution of higher
39	39	education" has the meaning assigned by Section 61.003.
40	40	(6) "Program operator" means a person who owns,
41	41	operates, or supervises a campus program for minors, regardless of
42	42	profit.
43	43	(7) "Training and examination program on sexual abuse
44	44	and child molestation" means a program approved by the department
45	45	under Subsection (f).
46	46	(b) A program operator may not employ an individual in a
47	47	position involving contact with campers at a campus program for
48	48	minors unless:
49	49	(1) the individual submits to the program operator or
50	50	the campus program for minors has on file documentation that
51	51	verifies the individual within the preceding two years successfully
52	52	completed the training and examination program on sexual abuse and
53	53	child molestation; or
54	54	(2) the individual successfully completes the campus
55	55	program for minors training and examination program on sexual abuse
56	56	and child molestation, which must be approved by the department,
57	57	during the individual's first five days of employment by the campus
58	58	program for minors and the campus program issues and files
59	59	documentation verifying successful completion.
60	60	(c) Subsection (b) does not apply to an individual who is a
61	61	student enrolled at the institution of higher education or private
62	62	or independent institution of higher education that operates the
63	63	campus program for minors or at which the campus program is
64	64	conducted and whose contact with campers is limited to a single
65	65	class of short duration.
66	66	(d) A program operator must:
67	67	(1) submit to the department:
68	68	(A) on the form and within the time prescribed by
69	69	the department verification that each employee of the campus
70	70	program for minors has complied with the requirements of this
71	71	section; and
72	72	(B) the fee assessed by the department under
73	73	Subsection (g); and
74	74	(2) retain in the operator's records a copy of the
75	75	documentation required or issued under Subsection (b) for each
76	76	employee until the second anniversary of the examination date.
77	77	(e) A person applying for or holding an employee position
78	78	involving contact with campers at a campus program for minors must
79	79	successfully complete the training and examination program on
80	80	sexual abuse and child molestation during the applicable period
81	81	prescribed by Subsection (b).
82	82	(f) The executive commissioner of the Health and Human
83	83	Services Commission by rule shall establish criteria and guidelines
84	84	for the training and examination program on sexual abuse and child
85	85	molestation required by this section. The program must include
86	86	training and an examination on the topics listed in Section
87	87	141.0095(e), Health and Safety Code. The department may approve
88	88	training and examination programs on sexual abuse and child
89	89	molestation offered by trainers under contract with campus programs
90	90	for minors or by online training organizations or may approve
91	91	programs offered in another format authorized by the department.
92	92	(g) The department may assess a fee in the amount necessary
93	93	to cover the costs of administering this section to:
94	94	(1) each person that applies for the department's
95	95	approval of a training and examination program on sexual abuse and
96	96	child molestation under this section; and
97	97	(2) each program operator who files with the
98	98	department the verification form required under Subsection
99	99	(d)(1)(A).
100	100	(h) The department at least every five years shall review
101	101	each training and examination program on sexual abuse and child
102	102	molestation approved by the department under Subsection (f) to
103	103	ensure the program continues to meet the criteria and guidelines
104	104	established by rule under that subsection.
105	105	(i) The department may investigate a person the department
106	106	suspects of violating this section or a rule adopted under this
107	107	section. A person who violates this section is subject to the
108	108	enforcement provisions of Section 141.015, Health and Safety Code,
109	109	as if the person violated Chapter 141, Health and Safety Code, or a
110	110	rule adopted under that chapter.
111	111	(j) The program operator and the institution that operates
112	112	the campus program for minors or at which the campus program is
113	113	conducted are immune from civil or criminal liability for any act or
114	114	omission of an employee for which the employee is immune under
115	115	Section 261.106, Family Code.
116	116	(k) A program operator shall consider the costs of
117	117	compliance with this section in determining any charges or fees
118	118	imposed and collected for participation in the campus program for
119	119	minors.
120	120	SECTION 2. (a) Not later than December 1, 2011, the
121	121	executive commissioner of the Health and Human Services Commission
122	122	by rule shall establish criteria and guidelines for the training
123	123	and examination program on sexual abuse and child molestation
124	124	required by Section 51.976, Education Code, as added by this Act.
125	125	(b) Notwithstanding Section 51.976, Education Code, as
126	126	added by this Act, a campus program for minors or an individual
127	127	employed by a campus program for minors is not required to comply
128	128	with Section 51.976, Education Code, as added by this Act, before
129	129	June 1, 2012.
130	130	SECTION 3. This Act takes effect September 1, 2011.