Texas 2011 - 82nd Regular

Texas Senate Bill SB1414 Compare Versions

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1	1	By: Duncan S.B. No. 1414
2	2	(Eiland)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sexual abuse and child molestation training and
8	8	examination for employees of certain programs for minors held on
9	9	campuses of institutions of higher education; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
12	12	amended by adding Section 51.976 to read as follows:
13	13	Sec. 51.976. TRAINING AND EXAMINATION PROGRAM FOR EMPLOYEES
14	14	OF CAMPUS PROGRAMS FOR MINORS ON WARNING SIGNS OF SEXUAL ABUSE AND
15	15	CHILD MOLESTATION. (a) In this section:
16	16	(1) "Camper" means a minor who is attending a campus
17	17	program for minors.
18	18	(2) "Campus program for minors" means a program that:
19	19	(A) is operated by or on the campus of an
20	20	institution of higher education or a private or independent
21	21	institution of higher education;
22	22	(B) offers recreational, athletic, religious, or
23	23	educational activities for at least 20 campers who:
24	24	(i) are not enrolled at the institution;
25	25	and
26	26	(ii) attend or temporarily reside at the
27	27	camp for all or part of at least four days; and
28	28	(C) is not a day camp or youth camp as defined by
29	29	Section 141.002, Health and Safety Code, or a facility or program
30	30	required to be licensed by the Department of Family and Protective
31	31	Services.
32	32	(3) "Department" means the Department of State Health
33	33	Services.
34	34	(4) "Institution of higher education" has the meaning
35	35	assigned by Section 61.003.
36	36	(5) "Private or independent institution of higher
37	37	education" has the meaning assigned by Section 61.003.
38	38	(6) "Program operator" means a person who owns,
39	39	operates, or supervises a campus program for minors, regardless of
40	40	profit.
41	41	(7) "Training and examination program on sexual abuse
42	42	and child molestation" means a program approved by the department
43	43	under Subsection (f).
44	44	(b) A program operator may not employ an individual in a
45	45	position involving contact with campers at a campus program for
46	46	minors unless:
47	47	(1) the individual submits to the program operator or
48	48	the campus program for minors has on file documentation that
49	49	verifies the individual within the preceding two years successfully
50	50	completed the training and examination program on sexual abuse and
51	51	child molestation; or
52	52	(2) the individual successfully completes the campus
53	53	program for minors training and examination program on sexual abuse
54	54	and child molestation, which must be approved by the department,
55	55	during the individual's first five days of employment by the campus
56	56	program for minors and the campus program issues and files
57	57	documentation verifying successful completion.
58	58	(c) Subsection (b) does not apply to an individual who is a
59	59	student enrolled at the institution of higher education or private
60	60	or independent institution of higher education that operates the
61	61	campus program for minors or at which the campus program is
62	62	conducted and whose contact with campers is limited to a single
63	63	class of short duration.
64	64	(d) A program operator must:
65	65	(1) submit to the department:
66	66	(A) on the form and within the time prescribed by
67	67	the department verification that each employee of the campus
68	68	program for minors has complied with the requirements of this
69	69	section; and
70	70	(B) the fee assessed by the department under
71	71	Subsection (g); and
72	72	(2) retain in the operator's records a copy of the
73	73	documentation required or issued under Subsection (b) for each
74	74	employee until the second anniversary of the examination date.
75	75	(e) A person applying for or holding an employee position
76	76	involving contact with campers at a campus program for minors must
77	77	successfully complete the training and examination program on
78	78	sexual abuse and child molestation during the applicable period
79	79	prescribed by Subsection (b).
80	80	(f) The executive commissioner of the Health and Human
81	81	Services Commission by rule shall establish criteria and guidelines
82	82	for the training and examination program on sexual abuse and child
83	83	molestation required by this section. The program must include
84	84	training and an examination on the topics listed in Section
85	85	141.0095(e), Health and Safety Code. The department may approve
86	86	training and examination programs on sexual abuse and child
87	87	molestation offered by trainers under contract with campus programs
88	88	for minors or by online training organizations or may approve
89	89	programs offered in another format authorized by the department.
90	90	(g) The department may assess a fee in the amount necessary
91	91	to cover the costs of administering this section to:
92	92	(1) each person that applies for the department's
93	93	approval of a training and examination program on sexual abuse and
94	94	child molestation under this section; and
95	95	(2) each program operator who files with the
96	96	department the verification form required under Subsection
97	97	(d)(1)(A).
98	98	(h) The department at least every five years shall review
99	99	each training and examination program on sexual abuse and child
100	100	molestation approved by the department under Subsection (f) to
101	101	ensure the program continues to meet the criteria and guidelines
102	102	established by rule under that subsection.
103	103	(i) The department may investigate a person the department
104	104	suspects of violating this section or a rule adopted under this
105	105	section. A person who violates this section is subject to the
106	106	enforcement provisions of Section 141.015, Health and Safety Code,
107	107	as if the person violated Chapter 141, Health and Safety Code, or a
108	108	rule adopted under that chapter.
109	109	(j) The program operator and the institution that operates
110	110	the campus program for minors or at which the campus program is
111	111	conducted are immune from civil or criminal liability for any act or
112	112	omission of an employee for which the employee is immune under
113	113	Section 261.106, Family Code.
114	114	(k) A program operator shall consider the costs of
115	115	compliance with this section in determining any charges or fees
116	116	imposed and collected for participation in the campus program for
117	117	minors.
118	118	SECTION 2. (a) Not later than December 1, 2011, the
119	119	executive commissioner of the Health and Human Services Commission
120	120	by rule shall establish criteria and guidelines for the training
121	121	and examination program on sexual abuse and child molestation
122	122	required by Section 51.976, Education Code, as added by this Act.
123	123	(b) Notwithstanding Section 51.976, Education Code, as
124	124	added by this Act, a campus program for minors or an individual
125	125	employed by a campus program for minors is not required to comply
126	126	with Section 51.976, Education Code, as added by this Act, before
127	127	June 1, 2012.
128	128	SECTION 3. This Act takes effect September 1, 2011.