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.
Spectrum: Partisan Bill (Democrat 1-0)
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. |