Texas 2021 - 87th Regular

Texas Senate Bill SB1646 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry, et al. S.B. No. 1646
	2	+	(In the Senate - Filed March 11, 2021; March 24, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 20, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 2; April 20, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1646 By: Birdwell
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the definition of abuse of a child.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 261.001, Family Code, is amended by
9	16		amending Subdivision (1) and adding Subdivision (3-a) to read as
10	17		follows:
11	18		(1) "Abuse":
12	19		(A) includes the following acts or omissions by a
13	20		person:
14	21		(i) [(A)] mental or emotional injury to a
15	22		child that results in an observable and material impairment in the
16	23		child's growth, development, or psychological functioning;
17	24		(ii) [(B)] causing or permitting the child
18	25		to be in a situation in which the child sustains a mental or
19	26		emotional injury that results in an observable and material
20	27		impairment in the child's growth, development, or psychological
21	28		functioning;
22	29		(iii) [(C)] physical injury that results in
23	30		substantial harm to the child, or the genuine threat of substantial
24	31		harm from physical injury to the child, including an injury that is
25	32		at variance with the history or explanation given and excluding an
26	33		accident or reasonable discipline by a parent, guardian, or
27	34		managing or possessory conservator that does not expose the child
28	35		to a substantial risk of harm;
29	36		(iv) [(D)] failure to make a reasonable
30	37		effort to prevent an action by another person that results in
31	38		physical injury that results in substantial harm to the child;
32	39		(v) [(E)] sexual conduct harmful to a
33	40		child's mental, emotional, or physical welfare, including conduct
34	41		that constitutes the offense of continuous sexual abuse of young
35	42		child or children under Section 21.02, Penal Code, indecency with a
36	43		child under Section 21.11, Penal Code, sexual assault under Section
37	44		22.011, Penal Code, or aggravated sexual assault under Section
38	45		22.021, Penal Code;
39	46		(vi) [(F)] failure to make a reasonable
40	47		effort to prevent sexual conduct harmful to a child;
41	48		(vii) [(G)] compelling or encouraging the
42	49		child to engage in sexual conduct as defined by Section 43.01, Penal
43	50		Code, including compelling or encouraging the child in a manner
44	51		that constitutes an offense of trafficking of persons under Section
45	52		20A.02(a)(7) or (8), Penal Code, prostitution under Section
46	53		43.02(b), Penal Code, or compelling prostitution under Section
47	54		43.05(a)(2), Penal Code;
48	55		(viii) [(H)] causing, permitting,
49	56		encouraging, engaging in, or allowing the photographing, filming,
50	57		or depicting of the child if the person knew or should have known
51	58		that the resulting photograph, film, or depiction of the child is
52	59		obscene as defined by Section 43.21, Penal Code, or pornographic;
53	60		(ix) [(I)] the current use by a person of a
54	61		controlled substance as defined by Chapter 481, Health and Safety
55	62		Code, in a manner or to the extent that the use results in physical,
56	63		mental, or emotional injury to a child;
57	64		(x) [(J)] causing, expressly permitting,
58	65		or encouraging a child to use a controlled substance as defined by
59	66		Chapter 481, Health and Safety Code;
60	67		(xi) [(K)] causing, permitting,
61	68		encouraging, engaging in, or allowing a sexual performance by a
62	69		child as defined by Section 43.25, Penal Code;
63	70		(xii) [(L)] knowingly causing, permitting,
64	71		encouraging, engaging in, or allowing a child to be trafficked in a
65	72		manner punishable as an offense under Section 20A.02(a)(5), (6),
66	73		(7), or (8), Penal Code, or the failure to make a reasonable effort
67	74		to prevent a child from being trafficked in a manner punishable as
68	75		an offense under any of those sections; [or]
69	76		(xiii) [(M)] forcing or coercing a child to
70	77		enter into a marriage;
71	78		(xiv) administering or supplying, or
72	79		consenting to or assisting in the administration or supply of, a
73	80		puberty suppression prescription drug or cross-sex hormone to a
74	81		child, other than an intersex child, for the purpose of gender
75	82		transitioning or gender reassignment; or
76	83		(xv) performing or consenting to the
77	84		performance of surgery or another medical procedure on a child,
78	85		other than an intersex child, for the purpose of gender
79	86		transitioning or gender reassignment; and
80	87		(B) does not include an act described by
81	88		Subparagraph (xiv) if the act is the dispensing or delivery of a
82	89		drug in accordance with Subtitle J, Title 3, Occupations Code, by a
83	90		person licensed under that subtitle.
84	91		(3-a) "Intersex child" means a child who is younger
85	92		than 18 years of age and either:
86	93		(A) has inborn chromosomal, gonadal, genital, or
87	94		endocrine characteristics, or a combination of those
88	95		characteristics, that are not suited to the typical definition of
89	96		male or female or are atypical for the determined sex of the child;
90	97		or
91	98		(B) is considered by a medical professional to
92	99		have inborn chromosomal, gonadal, genital, or endocrine
93	100		characteristics that are ambiguous or atypical for the determined
94	101		sex of the child.
95	102		SECTION 2. The changes in law made by this Act to Section
96	103		261.001, Family Code, do not apply to a person alleged to have
97	104		committed abuse with respect to a child who:
98	105		(1) was born on or before August 31, 2010; and
99	106		(2) before the effective date of this Act, under the
100	107		care of a licensed physician began taking puberty suppressant
101	108		prescription drugs or cross-sex hormones or had any surgery or
102	109		medical procedure performed for the purpose of gender transitioning
103	110		or gender reassignment.
104	111		SECTION 3. This Act takes effect September 1, 2021.
	112	+	* * * * *