Bill Text: TX HB5026 | 2023-2024 | 88th Legislature | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2023-03-23 - Referred to Public Health [HB5026 Detail]

Download: Texas-2023-HB5026-Introduced.html

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88R12594 BDP-D
By: Bryant H.B. No. 5026

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, is amended by
amending Subdivision (1) and adding Subdivisions (1-a), (3-a), and
(10) 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, 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; or
(N) forcing, coercing, or causing a child to
undergo conversion therapy.
(1-a) "Conversion therapy":
(A) means a practice or treatment a health care
provider, including a health care provider who is affiliated with a
religious organization, provides to an individual that attempts to:
(i) change the individual's sexual
orientation, including by attempting to change the individual's
behavior, gender identity, or expression of gender; or
(ii) eliminate or reduce the individual's
sexual or romantic attractions or feelings toward other individuals
of the same sex; and
(B) does not mean a practice or treatment a
health care provider, including a health care provider who is
affiliated with a religious organization, provides to an individual
that:
(i) provides acceptance, support, and
understanding or facilitates coping, social support, and identity
exploration and development, including sexual orientation-neutral
interventions to prevent or address unlawful conduct or unsafe
sexual practices; and
(ii) does not attempt to change the
individual's sexual orientation or gender identity.
(3-a) "Gender identity" means the gender-related
identity, appearance, or other gender-related characteristics of
an individual with or without regard to the individual's designated
sex at birth.
(10) "Sexual orientation" means an individual's actual
or perceived heterosexuality, bisexuality, or homosexuality.
SECTION 2. This Act takes effect September 1, 2023.