89R14609 E
By: Luther H.B. No. 4209
A BILL TO BE ENTITLED
AN ACT
relating to a report of child abuse or neglect made by an employee
of a school district or an open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.004(a), Education Code, is amended to
read as follows:
(a) The agency shall develop a policy governing the reports
of child abuse or neglect, including reports related to the
trafficking of a child under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, as required by Chapter 261, Family Code, for school
districts, open-enrollment charter schools, and their employees.
The policy must provide for cooperation with law enforcement child
abuse investigations without the consent of the child's parents if
necessary, including investigations by the Department of Family and
Protective Services. The policy must require each school district
and open-enrollment charter school employee to report child abuse
or neglect, including the trafficking of a child under Section
20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter
261, Family Code, except that a school district or open-enrollment
charter school employee must make the report to both the Department
of Family and Protective Services and a local or state law
enforcement agency if the report is based on evidence that a person
engaged in misconduct described by Section 22.093(c)(1)(A) or
(B). Each school district and open-enrollment charter school
shall adopt the policy.
SECTION 2. Section 261.103, Family Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as otherwise provided by this section
[Subsections (b) and (c)] and Section 261.405, a report shall be
made to:
(1) 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.
(d) Notwithstanding any other provision of this section, an
employee of a school district or open-enrollment charter school who
is required to make a report of child abuse or neglect that is based
on evidence that a person engaged in misconduct described by
Section 22.093(c)(1)(A) or (B), Education Code, must make the
report to both the department and a local or state law enforcement
agency.
SECTION 3. This Act takes effect September 1, 2025.