Bill Text: TX SB1414 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to sexual abuse and child molestation training and examination for employees of certain programs for minors held on campuses of institutions of higher education; providing penalties.

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1414 Detail]

Download: Texas-2011-SB1414-Enrolled.html
 
 
  S.B. No. 1414
 
 
 
 
AN ACT
  relating to sexual abuse and child molestation training and
  examination for employees of certain programs for minors held on
  campuses of institutions of higher education; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.976 to read as follows:
         Sec. 51.976.  TRAINING AND EXAMINATION PROGRAM FOR EMPLOYEES
  OF CAMPUS PROGRAMS FOR MINORS ON WARNING SIGNS OF SEXUAL ABUSE AND
  CHILD MOLESTATION.  (a)  In this section:
               (1)  "Camper" means a minor who is attending a campus
  program for minors.
               (2)  "Campus program for minors" means a program that:
                     (A)  is operated by or on the campus of an
  institution of higher education or a private or independent
  institution of higher education;
                     (B)  offers recreational, athletic, religious, or
  educational activities for at least 20 campers who:
                           (i)  are not enrolled at the institution;
  and
                           (ii)  attend or temporarily reside at the
  camp for all or part of at least four days; and
                     (C)  is not a day camp or youth camp as defined by
  Section 141.002, Health and Safety Code, or a facility or program
  required to be licensed by the Department of Family and Protective
  Services.
               (3)  "Department" means the Department of State Health
  Services.
               (4)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
               (5)  "Private or independent institution of higher
  education" has the meaning assigned by Section 61.003.
               (6)  "Program operator" means a person who owns,
  operates, or supervises a campus program for minors, regardless of
  profit.
               (7)  "Training and examination program on sexual abuse
  and child molestation" means a program approved by the department
  under Subsection (f).
         (b)  A program operator may not employ an individual in a
  position involving contact with campers at a campus program for
  minors unless:
               (1)  the individual submits to the program operator or
  the campus program for minors has on file documentation that
  verifies the individual within the preceding two years successfully
  completed the training and examination program on sexual abuse and
  child molestation; or
               (2)  the individual successfully completes the campus
  program for minors training and examination program on sexual abuse
  and child molestation, which must be approved by the department,
  during the individual's first five days of employment by the campus
  program for minors and the campus program issues and files
  documentation verifying successful completion.
         (c)  Subsection (b) does not apply to an individual who is a
  student enrolled at the institution of higher education or private
  or independent institution of higher education that operates the
  campus program for minors or at which the campus program is
  conducted and whose contact with campers is limited to a single
  class of short duration.
         (d)  A program operator must:
               (1)  submit to the department:
                     (A)  on the form and within the time prescribed by
  the department verification that each employee of the campus
  program for minors has complied with the requirements of this
  section; and
                     (B)  the fee assessed by the department under
  Subsection (g); and
               (2)  retain in the operator's records a copy of the
  documentation required or issued under Subsection (b) for each
  employee until the second anniversary of the examination date.
         (e)  A person applying for or holding an employee position
  involving contact with campers at a campus program for minors must
  successfully complete the training and examination program on
  sexual abuse and child molestation during the applicable period
  prescribed by Subsection (b).
         (f)  The executive commissioner of the Health and Human
  Services Commission by rule shall establish criteria and guidelines
  for the training and examination program on sexual abuse and child
  molestation required by this section.  The program must include
  training and an examination on the topics listed in Section
  141.0095(e), Health and Safety Code.  The department may approve
  training and examination programs on sexual abuse and child
  molestation offered by trainers under contract with campus programs
  for minors or by online training organizations or may approve
  programs offered in another format authorized by the department.
         (g)  The department may assess a fee in the amount necessary
  to cover the costs of administering this section to:
               (1)  each person that applies for the department's
  approval of a training and examination program on sexual abuse and
  child molestation under this section; and
               (2)  each program operator who files with the
  department the verification form required under Subsection
  (d)(1)(A).
         (h)  The department at least every five years shall review
  each training and examination program on sexual abuse and child
  molestation approved by the department under Subsection (f) to
  ensure the program continues to meet the criteria and guidelines
  established by rule under that subsection.
         (i)  The department may investigate a person the department
  suspects of violating this section or a rule adopted under this
  section.  A person who violates this section is subject to the
  enforcement provisions of Section 141.015, Health and Safety Code,
  as if the person violated Chapter 141, Health and Safety Code, or a
  rule adopted under that chapter.
         (j)  The program operator and the institution that operates
  the campus program for minors or at which the campus program is
  conducted are immune from civil or criminal liability for any act or
  omission of an employee for which the employee is immune under
  Section 261.106, Family Code.
         (k)  A program operator shall consider the costs of
  compliance with this section in determining any charges or fees
  imposed and collected for participation in the campus program for
  minors.
         SECTION 2.  (a)  Not later than December 1, 2011, the
  executive commissioner of the Health and Human Services Commission
  by rule shall establish criteria and guidelines for the training
  and examination program on sexual abuse and child molestation
  required by Section 51.976, Education Code, as added by this Act.
         (b)  Notwithstanding Section 51.976, Education Code, as
  added by this Act, a campus program for minors or an individual
  employed by a campus program for minors is not required to comply
  with Section 51.976, Education Code, as added by this Act, before
  June 1, 2012.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1414 passed the Senate on
  April 29, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1414 passed the House on
  May 20, 2011, by the following vote:  Yeas 145, Nays 4, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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