83R1324 AED-D
By: Dukes H.B. No. 443
A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain public and private
institutions of higher education for failure by an administrator to
report child abuse or neglect; creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 261, Family Code, is
amended by adding Section 261.1011 to read as follows:
Sec. 261.1011. CERTAIN INSTITUTIONS OF HIGHER EDUCATION
REQUIRED TO REPORT; CIVIL PENALTY. (a) In this section, "general
academic teaching institution" and "private or independent
institution of higher education" have the meanings assigned by
Section 61.003, Education Code.
(b) An administrator of a general academic teaching
institution or of a private or independent institution of higher
education in this state who receives information from a faculty or
staff member of the institution that a child's physical or mental
health or welfare was adversely affected by abuse or neglect by any
person while the child was on the property of the institution or
during an event sponsored by the institution shall immediately make
a report in the manner provided by this subchapter.
(c) A general academic teaching institution or private or
independent institution of higher education in this state is liable
to the state for a civil penalty of $1 million if an administrator
fails to report abuse or neglect as described by Subsection (b).
(d) The attorney general may bring an action to collect the
civil penalty described by Subsection (c).
(e) This section does not:
(1) create personal liability or criminal
responsibility for an administrator of a general academic teaching
institution or of a private or independent institution of higher
education who fails to report child abuse or neglect; or
(2) limit or alter any personal liability or criminal
responsibility of the administrator for failure to report under any
other law.
SECTION 2. The change in law made by this Act applies only
to an administrator who receives information about suspected child
abuse or neglect on or after the effective date of this Act. An
administrator who receives information about suspected child abuse
or neglect before the effective date of this Act is governed by the
law in effect when the information was received, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.