Bill Text: TX HB443 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the liability of certain public and private institutions of higher education for failure by an administrator to report child abuse or neglect; creating a civil penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-02-13 - Referred to Higher Education [HB443 Detail]
Download: Texas-2013-HB443-Introduced.html
| 83R1324 AED-D | ||
| By: Dukes | H.B. No. 443 | |
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| relating to the liability of certain public and private | ||
| institutions of higher education for failure by an administrator to | ||
| report child abuse or neglect; creating a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 261, Family Code, is | ||
| amended by adding Section 261.1011 to read as follows: | ||
| Sec. 261.1011. CERTAIN INSTITUTIONS OF HIGHER EDUCATION | ||
| REQUIRED TO REPORT; CIVIL PENALTY. (a) In this section, "general | ||
| academic teaching institution" and "private or independent | ||
| institution of higher education" have the meanings assigned by | ||
| Section 61.003, Education Code. | ||
| (b) An administrator of a general academic teaching | ||
| institution or of a private or independent institution of higher | ||
| education in this state who receives information from a faculty or | ||
| staff member of the institution that a child's physical or mental | ||
| health or welfare was adversely affected by abuse or neglect by any | ||
| person while the child was on the property of the institution or | ||
| during an event sponsored by the institution shall immediately make | ||
| a report in the manner provided by this subchapter. | ||
| (c) A general academic teaching institution or private or | ||
| independent institution of higher education in this state is liable | ||
| to the state for a civil penalty of $1 million if an administrator | ||
| fails to report abuse or neglect as described by Subsection (b). | ||
| (d) The attorney general may bring an action to collect the | ||
| civil penalty described by Subsection (c). | ||
| (e) This section does not: | ||
| (1) create personal liability or criminal | ||
| responsibility for an administrator of a general academic teaching | ||
| institution or of a private or independent institution of higher | ||
| education who fails to report child abuse or neglect; or | ||
| (2) limit or alter any personal liability or criminal | ||
| responsibility of the administrator for failure to report under any | ||
| other law. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an administrator who receives information about suspected child | ||
| abuse or neglect on or after the effective date of this Act. An | ||
| administrator who receives information about suspected child abuse | ||
| or neglect before the effective date of this Act is governed by the | ||
| law in effect when the information was received, and the former law | ||
| is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
