Bill Text: TX HB2573 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the protection of children from abuse or neglect; providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-19 - Left pending in committee [HB2573 Detail]
Download: Texas-2011-HB2573-Introduced.html
82R11263 MCK/SJM-D | ||
By: Bonnen | H.B. No. 2573 |
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relating to the protection of children from abuse or neglect; | ||
providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 261.101(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) A person who suspects [ |
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child has been abused or neglected [ |
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by any person shall immediately make a report as provided by this | ||
subchapter. | ||
(b) If a professional suspects [ |
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child has been abused or neglected or may be abused or neglected, or | ||
that a child is a victim of an offense under Section 21.11, Penal | ||
Code, and the professional suspects [ |
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child has been abused as defined by Section 261.001 or 261.401, the | ||
professional shall make a report not later than the 48th hour after | ||
the hour the professional first suspects that the child has been or | ||
may be abused or neglected or is a victim of an offense under | ||
Section 21.11, Penal Code. A professional may not delegate to or | ||
rely on another person to make the report. In this subsection, | ||
"professional" means an individual who is licensed or certified by | ||
the state or who is an employee, volunteer, or independent | ||
contractor of a facility licensed, certified, or operated by the | ||
state and who, in the normal course of official duties or duties for | ||
which a license or certification is required, has direct contact | ||
with children. The term includes teachers, nurses, doctors, | ||
day-care employees, employees of a clinic or health care facility | ||
that provides reproductive services, juvenile probation officers, | ||
and juvenile detention or correctional officers. | ||
SECTION 2. Section 261.102, Family Code, is amended to read | ||
as follows: | ||
Sec. 261.102. MATTERS TO BE REPORTED. A report should | ||
reflect the reporter's suspicion [ |
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may be abused or neglected or has died of abuse or neglect. | ||
SECTION 3. Section 261.109(a), Family Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person suspects [ |
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provided in this chapter. | ||
SECTION 4. Subchapter B, Chapter 420, Government Code, is | ||
amended by adding Section 420.033 to read as follows: | ||
Sec. 420.033. MANDATORY EVIDENCE COLLECTION FOR CERTAIN | ||
SEXUAL OFFENSES. (a) In this section: | ||
(1) "Department" means the Department of Public Safety | ||
of the State of Texas. | ||
(2) "Director" means the public safety director of the | ||
department. | ||
(b) In accordance with the rules adopted under Subsection | ||
(c), a physician who performs an abortion shall collect and submit | ||
to the department a fetal tissue sample extracted during the | ||
performance of the abortion if the physician: | ||
(1) performs the abortion on a child who is younger | ||
than 14 years of age; and | ||
(2) knows or should reasonably believe that the child | ||
is the victim of an offense described by Section 21.02, 21.11, | ||
21.12, 22.011, 22.021, 25.02, or 43.25, Penal Code. | ||
(c) The director by rule shall prescribe: | ||
(1) the amount and type of fetal tissue to be collected | ||
and submitted by a physician under Subsection (b); | ||
(2) procedures for the proper preservation of a fetal | ||
tissue sample submitted under Subsection (b); | ||
(3) procedures for documenting the chain of custody of | ||
a fetal tissue sample collected and submitted under Subsection (b); | ||
(4) procedures for the proper disposal of a fetal | ||
tissue sample submitted under Subsection (b); | ||
(5) a uniform reporting form for use by a physician | ||
when submitting a fetal tissue sample to the department, which must | ||
include: | ||
(A) the name and business address of the | ||
physician; and | ||
(B) the name and residence address of the parent | ||
or legal guardian of the child on whom the abortion was performed; | ||
and | ||
(6) procedures for communicating with law enforcement | ||
agencies regarding evidence obtained under this section. | ||
(d) The department shall preserve the submitted sample | ||
until the 10th anniversary of the date on which the department | ||
received the sample. | ||
(e) A violation of this section is grounds for disciplinary | ||
action and imposition of an administrative penalty by the Texas | ||
Medical Board. | ||
(f) A physician commits an offense if the physician fails to | ||
comply with this section or rules adopted under this section. An | ||
offense under this subsection is a Class A misdemeanor. | ||
SECTION 5. (a) Not later than December 1, 2011, the public | ||
safety director of the Department of Public Safety of the State of | ||
Texas shall adopt the rules required by Section 420.033(c), | ||
Government Code, as added by this Act. | ||
(b) Notwithstanding Section 420.033, Government Code, as | ||
added by this Act, a physician is not required to collect or submit | ||
a fetal tissue sample under that section before December 1, 2011. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is covered | ||
by the law in effect when the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 7. This Act takes effect September 1, 2011. |