82R5189 YDB-D
By: Duncan S.B. No. 1414
A BILL TO BE ENTITLED
AN ACT
relating to sexual abuse and child molestation training for
volunteers and employees of certain programs for minors held on
campuses of institutions of higher education; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 141.002, Health and Safety Code, is
amended by amending Subdivision (1) and adding Subdivisions (1-a),
(2-a), (3-a), and (3-b) to read as follows:
(1) "Camper" means a minor who is attending:
(A) a youth camp on a day care or boarding basis;
or
(B) a campus program for minors.
(1-a) "Campus program for minors" means a program
that:
(A) is operated by or on the campus of an
institution of higher education or a private or independent
institution of higher education;
(B) offers recreational, athletic, religious, or
educational activities for at least five campers who:
(i) are not enrolled at the institution;
and
(ii) attend or temporarily reside at the
camp for all or part of at least four days; and
(C) is not a day camp, a youth camp, or a facility
or program required to be licensed by the Department of Family and
Protective Services.
(2-a) "Institution of higher education" has the
meaning assigned by Section 61.003, Education Code.
(3-a) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003, Education
Code.
(3-b) "Program operator" means a person who owns,
operates, or supervises a campus program for minors, regardless of
profit.
SECTION 2. Section 141.0021, Health and Safety Code, is
amended to read as follows:
Sec. 141.0021. EXEMPTION. Except as provided by Section
141.00951, this [This] chapter does not apply to a facility or
program operated by or on the campus of an institution of higher
education or a private or independent institution of higher
education [as those terms are defined by Section 61.003, Education
Code,] that is regularly inspected by one or more local
governmental entities for compliance with health and safety
standards.
SECTION 3. The heading to Section 141.0095, Health and
Safety Code, is amended to read as follows:
Sec. 141.0095. YOUTH CAMP: TRAINING AND EXAMINATION
PROGRAM.
SECTION 4. Section 141.0095(g), Health and Safety Code, is
amended to read as follows:
(g) The department at least every five years shall review
each training and examination program on sexual abuse and child
molestation approved by the department under this section to ensure
the program continues to meet the criteria and guidelines
established by rule under this section.
SECTION 5. Chapter 141, Health and Safety Code, is amended
by adding Section 141.00951 to read as follows:
Sec. 141.00951. CAMPUS PROGRAM FOR MINORS: TRAINING AND
EXAMINATION PROGRAM. (a) A program operator may not employ or
accept the volunteer service of an individual in a position
involving contact with campers at a campus program for minors
unless:
(1) the individual submits to the program operator or
the campus program for minors has on file documentation that
verifies the individual within the preceding two years successfully
completed the training and examination program required by this
section; or
(2) the individual successfully completes the campus
program for minors training and examination program, which must be
approved by the department as required by this section, during the
individual's first workweek and the campus program for minors
issues and files documentation verifying successful completion.
(b) A program operator must:
(1) submit to the department:
(A) on the form and within the time prescribed by
the department verification that each employee or volunteer of the
campus program for minors has complied with the requirements of
this section; and
(B) the fee assessed by the department under
Subsection (e); and
(2) retain in the operator's records a copy of the
documentation required or issued under Subsection (a) for each
employee or volunteer until the second anniversary of the
examination date.
(c) A person applying for or holding an employee or
volunteer position involving contact with campers at a campus
program for minors must successfully complete the training and
examination program required by this section during the applicable
period prescribed by Subsection (a).
(d) In accordance with this section, the executive
commissioner of the Health and Human Services Commission by rule
shall establish criteria and guidelines for the training and
examination program required by this section. The training and
examination program must include training and an examination on the
topics listed in Section 141.0095(e). The department may approve
training and examination programs offered by trainers under
contract with campus programs for minors or by online training
organizations or may approve programs offered in another format
authorized by the department.
(e) The department may assess a fee in the amount necessary
to cover the costs of administering this section to:
(1) each person that applies for the department's
approval of a training and examination program under this section;
and
(2) each program operator who files with the
department the verification form required under Subsection
(b)(1)(A).
(f) The department at least every five years shall review
each training and examination program approved by the department
under this section to ensure the program continues to meet the
criteria and guidelines established by rule under this section.
(g) The department may investigate a person the department
suspects of violating this section or a rule adopted under this
section. A person who violates this section is subject to the
enforcement provisions of Section 141.015.
SECTION 6. (a) Not later than December 1, 2011, the
executive commissioner of the Health and Human Services Commission
by rule shall establish criteria and guidelines for the training
and examination program on sexual abuse and child molestation
required by Section 141.00951, Health and Safety Code, as added by
this Act.
(b) Notwithstanding Section 141.00951, Health and Safety
Code, as added by this Act, a campus program for minors or an
individual employed by or volunteering at a campus program for
minors is not required to comply with Section 141.00951, Health and
Safety Code, as added by this Act, before June 1, 2012.
SECTION 7. This Act takes effect September 1, 2011.