| 1 | 1 | | 89R3625 MM-D |
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| 2 | 2 | | By: Toth H.B. No. 1097 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the duty of certain professionals to report child abuse |
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| 10 | 10 | | or neglect. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 261.101(b), Family Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b) If a professional has reasonable cause to believe that a |
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| 15 | 15 | | child has been abused or neglected or may be abused or neglected, or |
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| 16 | 16 | | that a child is a victim of an offense under Section 21.11, Penal |
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| 17 | 17 | | Code, and the professional has reasonable cause to believe that the |
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| 18 | 18 | | child has been abused as defined by Section 261.001, the |
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| 19 | 19 | | professional shall make a report not later than the 48th hour after |
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| 20 | 20 | | the hour the professional first has reasonable cause to believe |
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| 21 | 21 | | that the child has been or may be abused or neglected or is a victim |
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| 22 | 22 | | of an offense under Section 21.11, Penal Code. A professional may |
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| 23 | 23 | | not delegate to or rely on another person to make the report. In |
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| 24 | 24 | | this subsection, "professional": |
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| 25 | 25 | | (1) means: |
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| 26 | 26 | | (A) an individual who is licensed or certified by |
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| 27 | 27 | | the state or who is an employee of a facility licensed, certified, |
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| 28 | 28 | | or operated by the state and who, in the normal course of official |
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| 29 | 29 | | duties or duties for which a license or certification is required, |
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| 30 | 30 | | has direct contact with children; or |
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| 31 | 31 | | (B) an individual who: |
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| 32 | 32 | | (i) is a member of a board of directors, |
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| 33 | 33 | | board of trustees, or other governing body of a nonprofit |
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| 34 | 34 | | organization, religious organization or church, or school |
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| 35 | 35 | | district, open-enrollment charter school, or private school; and |
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| 36 | 36 | | (ii) in the normal course of official |
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| 37 | 37 | | duties, may receive reports regarding misconduct against children |
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| 38 | 38 | | by individuals employed by or otherwise affiliated with the entity |
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| 39 | 39 | | that the board or governing body manages; and |
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| 40 | 40 | | (2) [. The term] includes teachers, nurses, doctors, |
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| 41 | 41 | | day-care employees, employees of a clinic or health care facility |
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| 42 | 42 | | that provides reproductive services, juvenile probation officers, |
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| 43 | 43 | | and juvenile detention or correctional officers. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2025. |
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