H.B. No. 4372
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 an individual who was
convicted of an act of sexual abuse, as defined by Section 21.02,
Penal Code, that occurred at 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 by the camp for an act of sexual abuse, as defined by
Section 21.02, Penal Code, that occurred at 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 INFORMATION ABOUT ABUSE REPORTING.
A youth camp operator shall develop and maintain a written policy
regarding the method for reporting to the department suspected
abuse occurring at the camp. The operator on request of any person
shall provide a copy of the policy to the person.
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 link to the
youth camp program web page on the department's Internet website.
SECTION 3. 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 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4372 was passed by the House on May
10, 2019, by the following vote: Yeas 134, Nays 7, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4372 on May 24, 2019, by the following vote: Yeas 138, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4372 was passed by the Senate, with
amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor