Bill Text: TX SB28 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the definition of abuse of a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-20 - Filed [SB28 Detail]
Download: Texas-2021-SB28-Introduced.html
| 87S30054 MCK-D | ||
| By: Perry | S.B. No. 28 | |
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| 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 Subdivision (3-a) to read as | ||
| follows: | ||
| (1) "Abuse": | ||
| (A) includes the following acts or omissions by a | ||
| person: | ||
| (i) [ |
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| child that results in an observable and material impairment in the | ||
| child's growth, development, or psychological functioning; | ||
| (ii) [ |
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| 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) [ |
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| 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) [ |
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| effort to prevent an action by another person that results in | ||
| physical injury that results in substantial harm to the child; | ||
| (v) [ |
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| 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) [ |
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| effort to prevent sexual conduct harmful to a child; | ||
| (vii) [ |
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| 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) [ |
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| 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) [ |
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| 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) [ |
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| or encouraging a child to use a controlled substance as defined by | ||
| Chapter 481, Health and Safety Code; | ||
| (xi) [ |
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| encouraging, engaging in, or allowing a sexual performance by a | ||
| child as defined by Section 43.25, Penal Code; | ||
| (xii) [ |
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| 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; [ |
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| (xiii) [ |
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| 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 | ||
| Paragraph (A)(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 on the 91st day after the | ||
| last day of the legislative session. | ||
