Texas 2021 - 87th Regular

Texas House Bill HB2153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9262 MM-D
2	2	By: Dutton H.B. No. 2153
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the definition of abuse of a child.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 261.001(1), Family Code, is amended to
10	10	read as follows:
11	11	(1) "Abuse" includes the following acts or omissions
12	12	by a person:
13	13	(A) mental or emotional injury to a child that
14	14	results in an observable and material impairment in the child's
15	15	growth, development, or psychological functioning;
16	16	(B) causing or permitting the child to be in a
17	17	situation in which the child sustains a mental or emotional injury
18	18	that results in an observable and material impairment in the
19	19	child's growth, development, or psychological functioning;
20	20	(C) physical injury that results in substantial
21	21	harm to the child, or the genuine threat of substantial harm from
22	22	physical injury to the child, including an injury that is at
23	23	variance with the history or explanation given and excluding an
24	24	accident or reasonable discipline by a parent, guardian, or
25	25	managing or possessory conservator that does not expose the child
26	26	to a substantial risk of harm;
27	27	(D) failure to make a reasonable effort to
28	28	prevent an action by another person that results in physical injury
29	29	that results in substantial harm to the child;
30	30	(E) sexual conduct harmful to a child's mental,
31	31	emotional, or physical welfare, including conduct that constitutes
32	32	the offense of continuous sexual abuse of young child or children
33	33	under Section 21.02, Penal Code, indecency with a child under
34	34	Section 21.11, Penal Code, sexual assault under Section 22.011,
35	35	Penal Code, or aggravated sexual assault under Section 22.021,
36	36	Penal Code;
37	37	(F) failure to make a reasonable effort to
38	38	prevent sexual conduct harmful to a child;
39	39	(G) compelling or encouraging the child to engage
40	40	in sexual conduct as defined by Section 43.01, Penal Code,
41	41	including compelling or encouraging the child in a manner that
42	42	constitutes an offense of trafficking of persons under Section
43	43	20A.02(a)(7) or (8), Penal Code, prostitution under Section
44	44	43.02(b), Penal Code, or compelling prostitution under Section
45	45	43.05(a)(2), Penal Code;
46	46	(H) causing, permitting, encouraging, engaging
47	47	in, or allowing the photographing, filming, or depicting of the
48	48	child if the person knew or should have known that the resulting
49	49	photograph, film, or depiction of the child is obscene as defined by
50	50	Section 43.21, Penal Code, or pornographic;
51	51	(I) the current use by a person of a controlled
52	52	substance as defined by Chapter 481, Health and Safety Code, in a
53	53	manner or to the extent that the use results in physical, mental, or
54	54	emotional injury to a child;
55	55	(J) causing, expressly permitting, or
56	56	encouraging a child to use a controlled substance as defined by
57	57	Chapter 481, Health and Safety Code;
58	58	(K) causing, permitting, encouraging, engaging
59	59	in, or allowing a sexual performance by a child as defined by
60	60	Section 43.25, Penal Code;
61	61	(L) knowingly causing, permitting, encouraging,
62	62	engaging in, or allowing a child to be trafficked in a manner
63	63	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
64	64	(8), Penal Code, or the failure to make a reasonable effort to
65	65	prevent a child from being trafficked in a manner punishable as an
66	66	offense under any of those sections; [or]
67	67	(M) forcing or coercing a child to enter into a
68	68	marriage; or
69	69	(N) engaging in conduct that results in a child's
70	70	reluctance or refusal, without legitimate justification, to have a
71	71	relationship with one of the child's parents.
72	72	SECTION 2. This Act takes effect September 1, 2021.