Texas 2019 - 86th Regular

Texas House Bill HB4372 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4372
	1	+	By: Murphy, Parker (Senate Sponsor - Whitmire) H.B. No. 4372
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 20, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to youth camp abuse complaints and compliance orders.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Chapter 141, Health and Safety Code, is amended
8	14		by adding Sections 141.0051 and 141.0085 to read as follows:
9	15		Sec. 141.0051. LICENSE; CONSIDERATION OF CERTAIN
10	16		CONVICTIONS. In making a determination on issuance, renewal, or
11	17		revocation of a youth camp operator's license, the department shall
12		-	consider whether the youth camp employs an individual who was
13		-	convicted of an act of sexual abuse, as defined by Section 21.02,
14		-	Penal Code, that occurred at the camp.
	18	+	consider whether the youth camp employs or formerly employed an
	19	+	individual who was convicted of an act of sexual abuse, as defined
	20	+	by Section 21.02, Penal Code, arising from the individual's
	21	+	employment with the camp.
15	22		Sec. 141.0085. REPORTS OF ABUSE; DUTIES OF YOUTH CAMP
16	23		OPERATOR. (a) The executive commissioner by rule shall establish a
17	24		procedure for the department to forward a report of alleged abuse of
18	25		a camper that is received by the department to the Department of
19	26		Family and Protective Services or another appropriate agency.
20	27		(b) If a law enforcement agency notifies a youth camp
21	28		operator of the investigation or conviction of an individual who is
22		-	employed by the camp for an act of sexual abuse, as defined by
23		-	Section 21.02, Penal Code, that occurred at the camp, the operator
24		-	shall:
	29	+	employed or was formerly employed by the camp for an act of sexual
	30	+	abuse, as defined by Section 21.02, Penal Code, and the
	31	+	investigation or conviction arises from the individual's
	32	+	employment with the camp, the operator shall:
25	33		(1) immediately notify the department of the
26	34		investigation or conviction; and
27	35		(2) retain all records related to the investigation or
28	36		conviction until the department notifies the camp that the record
29	37		retention is no longer required.
30	38		SECTION 2. Chapter 141, Health and Safety Code, is amended
31	39		by adding Sections 141.0111 and 141.0112 to read as follows:
32		-	Sec. 141.0111. REQUIRED INFORMATION ABOUT ABUSE REPORTING.
33		-	A youth camp operator shall develop and maintain a written policy
34		-	regarding the method for reporting to the department suspected
35		-	abuse occurring at the camp. The operator on request of any person
36		-	shall provide a copy of the policy to the person.
	40	+	Sec. 141.0111. REQUIRED NOTICE ABOUT ABUSE REPORTING. (a)
	41	+	A youth camp operator shall provide notice to the public regarding
	42	+	the method for reporting to the department suspected abuse
	43	+	occurring at the youth camp. The operator must provide the notice
	44	+	by:
	45	+	(1) posting a conspicuous sign in at least one
	46	+	prominent location at the youth camp that is accessible to the
	47	+	public;
	48	+	(2) posting the information on the youth camp's
	49	+	publicly accessible Internet website; and
	50	+	(3) on request, making a written copy of the
	51	+	information available to a person.
	52	+	(b) The department shall prescribe the content of the notice
	53	+	required by Subsection (a).
37	54		Sec. 141.0112. REQUIRED NOTICE ABOUT YOUTH CAMP COMPLAINTS
38	55		AND DISCIPLINARY ACTIONS. (a) The department shall post on the
39	56		department's Internet website each youth camp compliance order
40	57		issued by the department until at least the third anniversary of the
41	58		date the compliance order was finally adjudicated.
42	59		(b) A youth camp operator shall include on the camp's
43		-	publicly accessible Internet website a clearly marked link to the
44		-	youth camp program web page on the department's Internet website.
45		-	SECTION 3. Notwithstanding Sections 141.0085, 141.0111,
	60	+	publicly accessible Internet website a clearly marked direct link
	61	+	to the web page on the department's Internet website on which the
	62	+	department posts youth camp compliance orders issued by the
	63	+	department.
	64	+	SECTION 3. Not later than December 1, 2019, the Department
	65	+	of State Health Services shall prescribe the content of the notice
	66	+	to the public as required by Section 141.0111, Health and Safety
	67	+	Code, as added by this Act.
	68	+	SECTION 4. Notwithstanding Sections 141.0085, 141.0111,
46	69		and 141.0112, Health and Safety Code, as added by this Act, a youth
47	70		camp operator is not required to comply with those sections until
48	71		January 1, 2020.
49		-	SECTION 4. This Act takes effect September 1, 2019.
50		-	______________________________ ______________________________
51		-	President of the Senate Speaker of the House
52		-	I certify that H.B. No. 4372 was passed by the House on May
53		-	10, 2019, by the following vote: Yeas 134, Nays 7, 2 present, not
54		-	voting; and that the House concurred in Senate amendments to H.B.
55		-	No. 4372 on May 24, 2019, by the following vote: Yeas 138, Nays 1,
56		-	2 present, not voting.
57		-	______________________________
58		-	Chief Clerk of the House
59		-	I certify that H.B. No. 4372 was passed by the Senate, with
60		-	amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
61		-	0.
62		-	______________________________
63		-	Secretary of the Senate
64		-	APPROVED: __________________
65		-	Date
66		-	__________________
67		-	Governor
	72	+	SECTION 5. This Act takes effect September 1, 2019.
	73	+	* * * * *