Texas 2021 - 87th Regular

Texas House Bill HB3379 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3379
	1	+	By: Leman, et al. H.B. No. 3379
	2	+	(Senate Sponsor - Kolkhorst, et al.)
	3	+	(In the Senate - Received from the House April 19, 2021;
	4	+	May 6, 2021, read first time and referred to Committee on Health &
	5	+	Human Services; May 22, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 22, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3379 By: Campbell
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the duty to report child abuse and neglect.
6	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	16		SECTION 1. Sections 261.101(a), (b), and (b-1), Family
8	17		Code, are amended to read as follows:
9	18		(a) A person having reasonable cause to believe that a
10	19		child's physical or mental health or welfare has been adversely
11	20		affected by abuse or neglect by any person shall immediately make a
12	21		report as provided by this subchapter.
13	22		(b) If a professional has reasonable cause to believe that a
14	23		child has been abused or neglected or may be abused or neglected, or
15	24		that a child is a victim of an offense under Section 21.11, Penal
16	25		Code, and the professional has reasonable cause to believe that the
17	26		child has been abused as defined by Section 261.001, the
18	27		professional shall make a report not later than the 48th hour after
19	28		the hour the professional first has reasonable cause to believe
20	29		[suspects] that the child has been or may be abused or neglected or
21	30		is a victim of an offense under Section 21.11, Penal Code. A
22	31		professional may not delegate to or rely on another person to make
23	32		the report. In this subsection, "professional" means an individual
24	33		who is licensed or certified by the state or who is an employee of a
25	34		facility licensed, certified, or operated by the state and who, in
26	35		the normal course of official duties or duties for which a license
27	36		or certification is required, has direct contact with children.
28	37		The term includes teachers, nurses, doctors, day-care employees,
29	38		employees of a clinic or health care facility that provides
30	39		reproductive services, juvenile probation officers, and juvenile
31	40		detention or correctional officers.
32	41		(b-1) In addition to the duty to make a report under
33	42		Subsection (a) or (b), a person or professional shall make a report
34	43		in the manner required by Subsection (a) or (b), as applicable, if
35	44		the person or professional has reasonable cause to believe that an
36	45		adult was a victim of abuse or neglect as a child and the person or
37	46		professional determines in good faith that disclosure of the
38	47		information is necessary to protect the health and safety of:
39	48		(1) another child; or
40	49		(2) an elderly person or person with a disability as
41	50		defined by Section 48.002, Human Resources Code.
42	51		SECTION 2. The changes in law made by this Act apply only to
43	52		a report of suspected abuse or neglect of a child that is made on or
44	53		after the effective date of this Act. A report of suspected abuse
45	54		or neglect that is made before that date is governed by the law in
46	55		effect on the date the report was made, and that law is continued in
47	56		effect for that purpose.
48	57		SECTION 3. This Act takes effect September 1, 2021.
49		-	______________________________ ______________________________
50		-	President of the Senate Speaker of the House
51		-	I certify that H.B. No. 3379 was passed by the House on April
52		-	16, 2021, by the following vote: Yeas 112, Nays 33, 1 present, not
53		-	voting; and that the House concurred in Senate amendments to H.B.
54		-	No. 3379 on May 28, 2021, by the following vote: Yeas 134, Nays 9,
55		-	2 present, not voting.
56		-	______________________________
57		-	Chief Clerk of the House
58		-	I certify that H.B. No. 3379 was passed by the Senate, with
59		-	amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
60		-	0.
61		-	______________________________
62		-	Secretary of the Senate
63		-	APPROVED: __________________
64		-	Date
65		-	__________________
66		-	Governor
	58	+	* * * * *