89R5885 AMF-F
By: Noble H.B. No. 3635
A BILL TO BE ENTITLED
AN ACT
relating to definition of abuse of a child, the reporting of child
abuse and neglect, and certain required notifications about reports
of child abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.001, Family Code, is amended by
amending Subdivision (1) and adding Subdivision (3-a) to read as
follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or disabled
individual under Section 21.02, Penal Code, indecency with a child
under Section 21.11, Penal Code, improper relationship between
educator and student under Section 21.12, Penal Code, sexual
assault under Section 22.011, Penal Code, or aggravated sexual
assault under Section 22.021, Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code,
including compelling or encouraging the child in a manner that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
Section 43.021, Penal Code, or compelling prostitution under
Section 43.05(a)(2), Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code;
(L) knowingly causing, permitting, encouraging,
engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, or the failure to make a reasonable effort to
prevent a child from being trafficked in a manner punishable as an
offense under any of those sections; or
(M) forcing or coercing a child to enter into a
marriage.
(3-a) "Law enforcement agency" means:
(A) the Department of Public Safety;
(B) the police department of a municipality;
(C) the sheriff's office of a county; or
(D) a constable's office of a county.
SECTION 2. Section 261.103(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsections (b) and (c) and
Section 261.405, a report shall be made to:
(1) a [any local or state] law enforcement agency;
(2) the department; or
(3) the state agency that operates, licenses,
certifies, or registers the facility in which the alleged abuse or
neglect occurred.
SECTION 3. Sections 261.104(b) and (d), Family Code, are
amended to read as follows:
(b) If the individual making a report of child abuse or
neglect uses the toll-free telephone number the department operates
for reporting child abuse or neglect and the individual is
unwilling to provide the information described by Subsection
(a)(4), the department representative receiving the report shall
notify the individual that:
(1) the department is not authorized to accept an
anonymous report of abuse or neglect;
(2) the individual may report the abuse or neglect by
making a report to a [any local or state] law enforcement agency;
and
(3) the identity of an individual making a report
under this subchapter is confidential and may be disclosed only:
(A) as provided by Section 261.201; or
(B) to a law enforcement officer for the purposes
of conducting a criminal investigation of the report.
(d) If a report of abuse or neglect is made orally, the
department or [local or state] law enforcement agency receiving the
report shall:
(1) notify the individual making the report that:
(A) the report is being recorded; and
(B) making a false report is a criminal offense
under Section 261.107 punishable as a state jail felony or a third
degree felony; and
(2) make an audio recording of the report.
SECTION 4. Sections 261.105(a), (b), and (d), Family Code,
are amended to read as follows:
(a) All reports received by a [local or state] law
enforcement agency that allege abuse or neglect by a person
responsible for a child's care, custody, or welfare shall be
referred immediately to the department.
(b) The department shall immediately notify the appropriate
[state or local] law enforcement agency of any report it receives,
other than a report from a law enforcement agency, that concerns the
suspected abuse or neglect of a child or death of a child from abuse
or neglect.
(d) If the department initiates an investigation and
determines that the abuse or neglect does not involve a person
responsible for the child's care, custody, or welfare, the
department shall refer the report to the appropriate [a] law
enforcement agency for further investigation. If the department
determines that the abuse or neglect involves an employee of a
public or private elementary or secondary school, [and that the
child is a student at the school,] the department shall [orally]
notify, in writing, the superintendent of the school district, the
director of the open-enrollment charter school, or the chief
executive officer of the private school in which the employee is
employed about the investigation. The written notice required by
this subsection may be provided by e-mail to the official e-mail
address of the appropriate official, if that e-mail address is
publicly available.
SECTION 5. Sections 261.301(a) and (c), Family Code, are
amended to read as follows:
(a) With assistance from the appropriate [state or local]
law enforcement agency as provided by this section, the department
shall make a prompt and thorough investigation of a report of child
abuse or neglect allegedly committed by a person responsible for a
child's care, custody, or welfare. The investigation shall be
conducted without regard to any pending suit affecting the
parent-child relationship.
(c) The department is not required to investigate a report
that alleges child abuse, neglect, or exploitation by a person
other than a person responsible for a child's care, custody, or
welfare. The appropriate [state or local] law enforcement agency
shall investigate that report if the agency determines an
investigation should be conducted.
SECTION 6. Section 261.304(a), Family Code, is amended to
read as follows:
(a) If an individual makes an anonymous report of child
abuse or neglect by a person responsible for a child's care,
custody, or welfare to a [local or state] law enforcement agency and
the agency refers the report to the department, the department
shall conduct a preliminary investigation to determine whether
there is any evidence to corroborate the report.
SECTION 7. Section 261.402(b), Family Code, is amended to
read as follows:
(b) A state agency shall immediately notify the appropriate
[state or local] law enforcement agency of any report the agency
receives, other than a report from a law enforcement agency, that
concerns the suspected abuse, neglect, or exploitation of a child
or the death of a child from abuse or neglect. If the state agency
finds evidence indicating that a child may have been abused,
neglected, or exploited, the agency shall report the evidence to
the appropriate law enforcement agency.
SECTION 8. This Act takes effect September 1, 2025.