Texas 2023 - 88th Regular

Texas House Bill HB436 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R632 MCK-F
2	2	By: Patterson H.B. No. 436
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, Family Code, is amended by
10	10	amending Subdivision (1) and adding Subdivision (3-a) to read as
11	11	follows:
12	12	(1) "Abuse":
13	13	(A) includes the following acts or omissions by a
14	14	person:
15	15	(i) [(A)] mental or emotional injury to a
16	16	child that results in an observable and material impairment in the
17	17	child's growth, development, or psychological functioning;
18	18	(ii) [(B)] causing or permitting the child
19	19	to be in a situation in which the child sustains a mental or
20	20	emotional injury that results in an observable and material
21	21	impairment in the child's growth, development, or psychological
22	22	functioning;
23	23	(iii) [(C)] physical injury that results in
24	24	substantial harm to the child, or the genuine threat of substantial
25	25	harm from physical injury to the child, including an injury that is
26	26	at variance with the history or explanation given and excluding an
27	27	accident or reasonable discipline by a parent, guardian, or
28	28	managing or possessory conservator that does not expose the child
29	29	to a substantial risk of harm;
30	30	(iv) [(D)] failure to make a reasonable
31	31	effort to prevent an action by another person that results in
32	32	physical injury that results in substantial harm to the child;
33	33	(v) [(E)] sexual conduct harmful to a
34	34	child's mental, emotional, or physical welfare, including conduct
35	35	that constitutes the offense of continuous sexual abuse of young
36	36	child or disabled individual under Section 21.02, Penal Code,
37	37	indecency with a child under Section 21.11, Penal Code, sexual
38	38	assault under Section 22.011, Penal Code, or aggravated sexual
39	39	assault under Section 22.021, Penal Code;
40	40	(vi) [(F)] failure to make a reasonable
41	41	effort to prevent sexual conduct harmful to a child;
42	42	(vii) [(G)] compelling or encouraging the
43	43	child to engage in sexual conduct as defined by Section 43.01, Penal
44	44	Code, including compelling or encouraging the child in a manner
45	45	that constitutes an offense of trafficking of persons under Section
46	46	20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
47	47	Section 43.021, Penal Code, or compelling prostitution under
48	48	Section 43.05(a)(2), Penal Code;
49	49	(viii) [(H)] causing, permitting,
50	50	encouraging, engaging in, or allowing the photographing, filming,
51	51	or depicting of the child if the person knew or should have known
52	52	that the resulting photograph, film, or depiction of the child is
53	53	obscene as defined by Section 43.21, Penal Code, or pornographic;
54	54	(ix) [(I)] the current use by a person of a
55	55	controlled substance as defined by Chapter 481, Health and Safety
56	56	Code, in a manner or to the extent that the use results in physical,
57	57	mental, or emotional injury to a child;
58	58	(x) [(J)] causing, expressly permitting,
59	59	or encouraging a child to use a controlled substance as defined by
60	60	Chapter 481, Health and Safety Code;
61	61	(xi) [(K)] causing, permitting,
62	62	encouraging, engaging in, or allowing a sexual performance by a
63	63	child as defined by Section 43.25, Penal Code;
64	64	(xii) [(L)] knowingly causing, permitting,
65	65	encouraging, engaging in, or allowing a child to be trafficked in a
66	66	manner punishable as an offense under Section 20A.02(a)(5), (6),
67	67	(7), or (8), Penal Code, or the failure to make a reasonable effort
68	68	to prevent a child from being trafficked in a manner punishable as
69	69	an offense under any of those sections; [or]
70	70	(xiii) [(M)] forcing or coercing a child to
71	71	enter into a marriage;
72	72	(xiv) administering or supplying, or
73	73	consenting to or assisting in the administration or supply of, a
74	74	puberty suppression prescription drug or cross-sex hormone to a
75	75	child, other than an intersex child, for the purpose of gender
76	76	transitioning or gender reassignment; or
77	77	(xv) performing or consenting to the
78	78	performance of surgery or another medical procedure on a child,
79	79	other than an intersex child, for the purpose of gender
80	80	transitioning or gender reassignment; and
81	81	(B) does not include an act described by
82	82	Paragraph (A)(xiv) if the act is the dispensing or delivery of a
83	83	drug in accordance with Subtitle J, Title 3, Occupations Code, by a
84	84	person licensed under that subtitle.
85	85	(3-a) "Intersex child" means a child who is younger
86	86	than 18 years of age and either:
87	87	(A) has inborn chromosomal, gonadal, genital, or
88	88	endocrine characteristics, or a combination of those
89	89	characteristics, that are not suited to the typical definition of
90	90	male or female or are atypical for the determined sex of the child;
91	91	or
92	92	(B) is considered by a medical professional to
93	93	have inborn chromosomal, gonadal, genital, or endocrine
94	94	characteristics that are ambiguous or atypical for the determined
95	95	sex of the child.
96	96	SECTION 2. Section 71.004, Family Code, is amended to read
97	97	as follows:
98	98	Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
99	99	(1) an act by a member of a family or household against
100	100	another member of the family or household that is intended to result
101	101	in physical harm, bodily injury, assault, or sexual assault or that
102	102	is a threat that reasonably places the member in fear of imminent
103	103	physical harm, bodily injury, assault, or sexual assault, but does
104	104	not include defensive measures to protect oneself;
105	105	(2) abuse, as that term is defined by Sections
106	106	261.001(1)(A)(iii), (v), (vii), (viii), (ix), (x), (xi), and (xiii)
107	107	[261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M)], by a member
108	108	of a family or household toward a child of the family or household;
109	109	or
110	110	(3) dating violence, as that term is defined by
111	111	Section 71.0021.
112	112	SECTION 3. The changes in law made by this Act to Section
113	113	261.001, Family Code, do not apply to a person alleged to have
114	114	committed abuse with respect to a child who:
115	115	(1) was born on or before August 31, 2012; and
116	116	(2) before the effective date of this Act, under the
117	117	care of a licensed physician began taking puberty suppressant
118	118	prescription drugs or cross-sex hormones or had any surgery or
119	119	medical procedure performed for the purpose of gender transitioning
120	120	or gender reassignment.
121	121	SECTION 4. This Act takes effect September 1, 2023.