Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB70 Compare Versions

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

Old	New	Differences
1	1	87S10161 MCK-D
2	2	By: Perry S.B. No. 70
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, as amended by
10	10	H.B. No. 375 and H.B. No. 1540, Acts of the 87th Legislature,
11	11	Regular Session, 2021, as effective September 1, 2021, is reenacted
12	12	and amended to read as follows:
13	13	(1) "Abuse":
14	14	(A) includes the following acts or omissions by a
15	15	person:
16	16	(i) [(A)] mental or emotional injury to a
17	17	child that results in an observable and material impairment in the
18	18	child's growth, development, or psychological functioning;
19	19	(ii) [(B)] causing or permitting the child
20	20	to be in a situation in which the child sustains a mental or
21	21	emotional injury that results in an observable and material
22	22	impairment in the child's growth, development, or psychological
23	23	functioning;
24	24	(iii) [(C)] physical injury that results in
25	25	substantial harm to the child, or the genuine threat of substantial
26	26	harm from physical injury to the child, including an injury that is
27	27	at variance with the history or explanation given and excluding an
28	28	accident or reasonable discipline by a parent, guardian, or
29	29	managing or possessory conservator that does not expose the child
30	30	to a substantial risk of harm;
31	31	(iv) [(D)] failure to make a reasonable
32	32	effort to prevent an action by another person that results in
33	33	physical injury that results in substantial harm to the child;
34	34	(v) [(E)] sexual conduct harmful to a
35	35	child's mental, emotional, or physical welfare, including conduct
36	36	that constitutes the offense of continuous sexual abuse of young
37	37	child or disabled individual under Section 21.02, Penal Code,
38	38	indecency with a child under Section 21.11, Penal Code, sexual
39	39	assault under Section 22.011, Penal Code, or aggravated sexual
40	40	assault under Section 22.021, Penal Code;
41	41	(vi) [(F)] failure to make a reasonable
42	42	effort to prevent sexual conduct harmful to a child;
43	43	(vii) [(G)] compelling or encouraging the
44	44	child to engage in sexual conduct as defined by Section 43.01, Penal
45	45	Code, including compelling or encouraging the child in a manner
46	46	that constitutes an offense of trafficking of persons under Section
47	47	20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
48	48	Section 43.021, Penal Code, or compelling prostitution under
49	49	Section 43.05(a)(2), Penal Code;
50	50	(viii) [(H)] causing, permitting,
51	51	encouraging, engaging in, or allowing the photographing, filming,
52	52	or depicting of the child if the person knew or should have known
53	53	that the resulting photograph, film, or depiction of the child is
54	54	obscene as defined by Section 43.21, Penal Code, or pornographic;
55	55	(ix) [(I)] the current use by a person of a
56	56	controlled substance as defined by Chapter 481, Health and Safety
57	57	Code, in a manner or to the extent that the use results in physical,
58	58	mental, or emotional injury to a child;
59	59	(x) [(J)] causing, expressly permitting,
60	60	or encouraging a child to use a controlled substance as defined by
61	61	Chapter 481, Health and Safety Code;
62	62	(xi) [(K)] causing, permitting,
63	63	encouraging, engaging in, or allowing a sexual performance by a
64	64	child as defined by Section 43.25, Penal Code;
65	65	(xii) [(L)] knowingly causing, permitting,
66	66	encouraging, engaging in, or allowing a child to be trafficked in a
67	67	manner punishable as an offense under Section 20A.02(a)(5), (6),
68	68	(7), or (8), Penal Code, or the failure to make a reasonable effort
69	69	to prevent a child from being trafficked in a manner punishable as
70	70	an offense under any of those sections; [or]
71	71	(xiii) [(M)] forcing or coercing a child to
72	72	enter into a marriage;
73	73	(xiv) administering or supplying, or
74	74	consenting to or assisting in the administration or supply of, a
75	75	puberty suppression prescription drug or cross-sex hormone to a
76	76	child, other than an intersex child, for the purpose of gender
77	77	transitioning or gender reassignment; or
78	78	(xv) performing or consenting to the
79	79	performance of surgery or another medical procedure on a child,
80	80	other than an intersex child, for the purpose of gender
81	81	transitioning or gender reassignment; and
82	82	(B) does not include an act described by
83	83	Paragraph (A)(xiv) if the act is the dispensing or delivery of a
84	84	drug in accordance with Subtitle J, Title 3, Occupations Code, by a
85	85	person licensed under that subtitle.
86	86	SECTION 2. Section 261.001, Family Code, is amended by
87	87	adding Subdivision (3-a) to read as follows:
88	88	(3-a) "Intersex child" means a child who is younger
89	89	than 18 years of age and either:
90	90	(A) has inborn chromosomal, gonadal, genital, or
91	91	endocrine characteristics, or a combination of those
92	92	characteristics, that are not suited to the typical definition of
93	93	male or female or are atypical for the determined sex of the child;
94	94	or
95	95	(B) is considered by a medical professional to
96	96	have inborn chromosomal, gonadal, genital, or endocrine
97	97	characteristics that are ambiguous or atypical for the determined
98	98	sex of the child.
99	99	SECTION 3. The changes in law made by this Act to Section
100	100	261.001, Family Code, do not apply to a person alleged to have
101	101	committed abuse with respect to a child who:
102	102	(1) was born on or before August 31, 2010; and
103	103	(2) before the effective date of this Act, under the
104	104	care of a licensed physician began taking puberty suppressant
105	105	prescription drugs or cross-sex hormones or had any surgery or
106	106	medical procedure performed for the purpose of gender transitioning
107	107	or gender reassignment.
108	108	SECTION 4. This Act takes effect December 1, 2021.