Texas 2021 - 87th 2nd C.S.

Texas House Bill HB38

Caption

Relating to the definition of abuse of a child.

Impact

The bill's implications are significant, particularly concerning the treatment of minors regarding gender identity and medical decisions. By specifically noting that administering drugs or surgeries for gender transitioning constitutes abuse, unless done under the exemptions provided, the bill reshapes how medical professionals and guardians may approach these sensitive issues. Consequently, the legislation responds to ongoing debates around the rights of minors to access certain medical procedures and the responsibilities of parents and healthcare providers in understanding these rights within the context of potential emotional and physical harm.

Summary

House Bill 38 addresses the definition of abuse as it pertains to children, specifically updating the Family Code to clarify various forms of abuse. The bill includes definitions of physical, emotional, and sexual abuse and extends the liability of caregivers in preventing harm to children. Notably, it categorizes the administering of puberty suppression drugs and cross-sex hormones to minors as abuse unless these treatments were initiated under specific, pre-existing medical conditions prior to the bill's enactment. This serves to delineate between acceptable medical practices and what is deemed as harmful treatment.

Contention

The bill has generated notable contention, particularly among advocacy groups and medical professionals who argue that it restricts necessary healthcare for transgender and non-binary youth. Critics claim that the bill could exacerbate mental health issues among these populations by denying them necessary medical interventions. Supporters, however, argue that the bill protects children from potentially irreversible medical decisions that they may not fully comprehend, thereby prioritizing their long-term welfare. As a result, this discussion is likely to continue within both legislative and public domains as the implications of HB38 unfold.

Companion Bills

TX SB39

Similar To Relating to the definition of abuse of a child.

Previously Filed As

TX HB436

Relating to the definition of abuse of a child.

TX HB672

Relating to the definition of child abuse and the prosecution of the criminal offense of abandoning or endangering a child.

TX HB5026

Relating to the definition of abuse of a child.

TX HB42

Relating to the definition of child abuse.

TX HB2029

Relating to the definitions of abuse and neglect of a child.

TX SB1611

Relating to the definitions of abuse and neglect of a child.

TX HB3143

Relating to the reporting requirement for certain prohibited conduct by an employee of a public school and the definitions of abuse and neglect of a child.

TX HB1532

Relating to professional liability insurance coverage for and prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria and to the abuse of a child.

TX SB515

Relating to investigations of child abuse and neglect and the procedures for adding names to or removing names from the central registry of child abuse and neglect.

TX HB4866

Relating to the procedures and grounds for terminating the parent-child relationship.

Similar Bills

No similar bills found.