Bill Text: TX SB1414 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1414 Detail]
Download: Texas-2011-SB1414-Comm_Sub.html
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.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1414 Detail]
Download: Texas-2011-SB1414-Comm_Sub.html
By: Duncan | S.B. No. 1414 | |
(In the Senate - Filed March 10, 2011; March 22, 2011, read | ||
first time and referred to Committee on Higher Education; | ||
April 26, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 0; April 26, 2011, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1414 | By: Duncan |
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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. | ||
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