Bill Text: TX HB38 | 2021 | 87th Legislature 2nd Special Session | Introduced

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Bill Title: Relating to the definition of abuse of a child.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2021-08-06 - Filed [HB38 Detail]

Download: Texas-2021-HB38-Introduced.html

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By: Toth H.B. No. 38

A BILL TO BE ENTITLED
AN ACT
relating to the definition of abuse of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.001, Family Code, as amended by H.B.
No. 375 and H.B. No. 1540, Acts of the 87th Legislature, Regular
Session, 2021, as effective September 1, 2021, is reenacted and
amended to read as follows:
(1) "Abuse":
(A) includes the following acts or omissions by a
person:
(i) [(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;
(ii) [(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;
(iii) [(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;
(iv) [(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;
(v) [(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, sexual
assault under Section 22.011, Penal Code, or aggravated sexual
assault under Section 22.021, Penal Code;
(vi) [(F)] failure to make a reasonable
effort to prevent sexual conduct harmful to a child;
(vii) [(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;
(viii) [(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;
(ix) [(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;
(x) [(J)] causing, expressly permitting,
or encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(xi) [(K)] causing, permitting,
encouraging, engaging in, or allowing a sexual performance by a
child as defined by Section 43.25, Penal Code;
(xii) [(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]
(xiii) [(M)] forcing or coercing a child to
enter into a marriage;
(xiv) administering or supplying, or
consenting to or assisting in the administration or supply of, a
puberty suppression prescription drug or cross-sex hormone to a
child, other than an intersex child, for the purpose of gender
transitioning or gender reassignment; or
(xv) performing or consenting to the
performance of surgery or another medical procedure on a child,
other than an intersex child, for the purpose of gender
transitioning or gender reassignment; and
(B) does not include an act described by
Subparagraph (xiv) if the act is the dispensing or delivery of a
drug in accordance with Subtitle J, Title 3, Occupations Code, by a
person licensed under that subtitle.
(3-a) "Intersex child" means a child who is younger
than 18 years of age and either:
(A) has inborn chromosomal, gonadal, genital, or
endocrine characteristics, or a combination of those
characteristics, that are not suited to the typical definition of
male or female or are atypical for the determined sex of the child;
or
(B) is considered by a medical professional to
have inborn chromosomal, gonadal, genital, or endocrine
characteristics that are ambiguous or atypical for the determined
sex of the child.
SECTION 2. The changes in law made by this Act to Section
261.001, Family Code, do not apply to a person alleged to have
committed abuse with respect to a child who:
(1) was born on or before August 31, 2010; and
(2) before the effective date of this Act, under the
care of a licensed physician began taking puberty suppressant
prescription drugs or cross-sex hormones or had any surgery or
medical procedure performed for the purpose of gender transitioning
or gender reassignment.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.