S.B. No. 1414
AN ACT
relating to sexual abuse and child molestation training and
examination for 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. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.976 to read as follows:
Sec. 51.976. TRAINING AND EXAMINATION PROGRAM FOR EMPLOYEES
OF CAMPUS PROGRAMS FOR MINORS ON WARNING SIGNS OF SEXUAL ABUSE AND
CHILD MOLESTATION. (a) In this section:
(1) "Camper" means a minor who is attending a campus
program for minors.
(2) "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 20 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 or youth camp as defined by
Section 141.002, Health and Safety Code, or a facility or program
required to be licensed by the Department of Family and Protective
Services.
(3) "Department" means the Department of State Health
Services.
(4) "Institution of higher education" has the meaning
assigned by Section 61.003.
(5) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003.
(6) "Program operator" means a person who owns,
operates, or supervises a campus program for minors, regardless of
profit.
(7) "Training and examination program on sexual abuse
and child molestation" means a program approved by the department
under Subsection (f).
(b) A program operator may not employ 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 on sexual abuse and
child molestation; or
(2) the individual successfully completes the campus
program for minors training and examination program on sexual abuse
and child molestation, which must be approved by the department,
during the individual's first five days of employment by the campus
program for minors and the campus program issues and files
documentation verifying successful completion.
(c) Subsection (b) does not apply to an individual who is a
student enrolled at the institution of higher education or private
or independent institution of higher education that operates the
campus program for minors or at which the campus program is
conducted and whose contact with campers is limited to a single
class of short duration.
(d) 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 of the campus
program for minors has complied with the requirements of this
section; and
(B) the fee assessed by the department under
Subsection (g); and
(2) retain in the operator's records a copy of the
documentation required or issued under Subsection (b) for each
employee until the second anniversary of the examination date.
(e) A person applying for or holding an employee position
involving contact with campers at a campus program for minors must
successfully complete the training and examination program on
sexual abuse and child molestation during the applicable period
prescribed by Subsection (b).
(f) 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 this section. The program must include
training and an examination on the topics listed in Section
141.0095(e), Health and Safety Code. The department may approve
training and examination programs on sexual abuse and child
molestation 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.
(g) 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 on sexual abuse and
child molestation under this section; and
(2) each program operator who files with the
department the verification form required under Subsection
(d)(1)(A).
(h) 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 Subsection (f) to
ensure the program continues to meet the criteria and guidelines
established by rule under that subsection.
(i) 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, Health and Safety Code,
as if the person violated Chapter 141, Health and Safety Code, or a
rule adopted under that chapter.
(j) The program operator and the institution that operates
the campus program for minors or at which the campus program is
conducted are immune from civil or criminal liability for any act or
omission of an employee for which the employee is immune under
Section 261.106, Family Code.
(k) A program operator shall consider the costs of
compliance with this section in determining any charges or fees
imposed and collected for participation in the campus program for
minors.
SECTION 2. (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 51.976, Education Code, as added by this Act.
(b) Notwithstanding Section 51.976, Education Code, as
added by this Act, a campus program for minors or an individual
employed by a campus program for minors is not required to comply
with Section 51.976, Education Code, as added by this Act, before
June 1, 2012.
SECTION 3. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1414 passed the Senate on
April 29, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1414 passed the House on
May 20, 2011, by the following vote: Yeas 145, Nays 4, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor