89R3625 MM-D
By: Toth H.B. No. 1097
A BILL TO BE ENTITLED
AN ACT
relating to the duty of certain professionals to report child abuse
or neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.101(b), Family Code, is amended to
read as follows:
(b) If a professional has reasonable cause to believe that a
child has been abused or neglected or may be abused or neglected, or
that a child is a victim of an offense under Section 21.11, Penal
Code, and the professional has reasonable cause to believe that the
child has been abused as defined by Section 261.001, the
professional shall make a report not later than the 48th hour after
the hour the professional first has reasonable cause to believe
that the child has been or may be abused or neglected or is a victim
of an offense under Section 21.11, Penal Code. A professional may
not delegate to or rely on another person to make the report. In
this subsection, "professional":
(1) means:
(A) an individual who is licensed or certified by
the state or who is an employee of a facility licensed, certified,
or operated by the state and who, in the normal course of official
duties or duties for which a license or certification is required,
has direct contact with children; or
(B) an individual who:
(i) is a member of a board of directors,
board of trustees, or other governing body of a nonprofit
organization, religious organization or church, or school
district, open-enrollment charter school, or private school; and
(ii) in the normal course of official
duties, may receive reports regarding misconduct against children
by individuals employed by or otherwise affiliated with the entity
that the board or governing body manages; and
(2) [. The term] includes teachers, nurses, doctors,
day-care employees, employees of a clinic or health care facility
that provides reproductive services, juvenile probation officers,
and juvenile detention or correctional officers.
SECTION 2. This Act takes effect September 1, 2025.