Bill Text: TX HB2153 | 2021-2022 | 87th Legislature | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-15 - Referred to Juvenile Justice & Family Issues [HB2153 Detail]

Download: Texas-2021-HB2153-Introduced.html
  87R9262 MM-D
 
  By: Dutton H.B. No. 2153
 
 
 
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(1), Family Code, is amended 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 children
  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, prostitution under Section
  43.02(b), 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)  engaging in conduct that results in a child's
  reluctance or refusal, without legitimate justification, to have a
  relationship with one of the child's parents.
         SECTION 2.  This Act takes effect September 1, 2021.
feedback