86R30489 KKR-F
By: Murphy, Parker H.B. No. 4372
Substitute the following for H.B. No. 4372:
By: Meza C.S.H.B. No. 4372
A BILL TO BE ENTITLED
AN ACT
relating to youth camp abuse complaints and compliance orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 141, Health and Safety Code, is amended
by adding Sections 141.0051 and 141.0085 to read as follows:
Sec. 141.0051. LICENSE; CONSIDERATION OF CERTAIN
CONVICTIONS. In making a determination on issuance, renewal, or
revocation of a youth camp operator's license, the department shall
consider whether the youth camp employs or formerly employed an
individual who was convicted of an act of sexual abuse, as defined
by Section 21.02, Penal Code, arising from the individual's
employment with the camp.
Sec. 141.0085. REPORTS OF ABUSE; DUTIES OF YOUTH CAMP
OPERATOR. (a) The executive commissioner by rule shall establish a
procedure for the department to forward a report of alleged abuse of
a camper that is received by the department to the Department of
Family and Protective Services or another appropriate agency.
(b) If a law enforcement agency notifies a youth camp
operator of the investigation or conviction of an individual who is
employed or was formerly employed by the camp for an act of sexual
abuse, as defined by Section 21.02, Penal Code, and the
investigation or conviction arises from the individual's
employment with the camp, the operator shall:
(1) immediately notify the department of the
investigation or conviction; and
(2) retain all records related to the investigation or
conviction until the department notifies the camp that the record
retention is no longer required.
SECTION 2. Chapter 141, Health and Safety Code, is amended
by adding Sections 141.0111 and 141.0112 to read as follows:
Sec. 141.0111. REQUIRED NOTICE ABOUT ABUSE REPORTING. (a)
A youth camp operator shall provide notice to the public regarding
the method for reporting to the department suspected abuse
occurring at the youth camp. The operator must provide the notice
by:
(1) posting a conspicuous sign in at least one
prominent location at the youth camp that is accessible to the
public;
(2) posting the information on the youth camp's
publicly accessible Internet website; and
(3) on request, making a written copy of the
information available to a person.
(b) The department shall prescribe the content of the notice
required by Subsection (a).
Sec. 141.0112. REQUIRED NOTICE ABOUT YOUTH CAMP COMPLAINTS
AND DISCIPLINARY ACTIONS. (a) The department shall post on the
department's Internet website each youth camp compliance order
issued by the department until at least the third anniversary of the
date the compliance order was finally adjudicated.
(b) A youth camp operator shall include on the camp's
publicly accessible Internet website a clearly marked direct link
to the web page on the department's Internet website on which the
department posts youth camp compliance orders issued by the
department.
SECTION 3. Not later than December 1, 2019, the Department
of State Health Services shall prescribe the content of the notice
to the public as required by Section 141.0111, Health and Safety
Code, as added by this Act.
SECTION 4. Notwithstanding Sections 141.0085, 141.0111,
and 141.0112, Health and Safety Code, as added by this Act, a youth
camp operator is not required to comply with those sections until
January 1, 2020.
SECTION 5. This Act takes effect September 1, 2019.