Bill Text: TX SB28 | 2021 | 87th Legislature 3rd Special Session | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-09-20 - Filed [SB28 Detail]

Download: Texas-2021-SB28-Introduced.html
  87S30054 MCK-D
 
  By: Perry S.B. No. 28
 
 
 
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, Family Code, is amended by
  amending Subdivision (1) and adding Subdivision (3-a) to read as
  follows:
               (1)  "Abuse":
                     (A)  includes the following acts or omissions by a
  person:
                           (i) [(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;
                           (ii) [(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;
                           (iii) [(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;
                           (iv) [(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;
                           (v) [(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 disabled individual 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;
                           (vi) [(F)]  failure to make a reasonable
  effort to prevent sexual conduct harmful to a child;
                           (vii) [(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, solicitation of prostitution under
  Section 43.021, Penal Code, or compelling prostitution under
  Section 43.05(a)(2), Penal Code;
                           (viii) [(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;
                           (ix) [(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;
                           (x) [(J)]  causing, expressly permitting,
  or encouraging a child to use a controlled substance as defined by
  Chapter 481, Health and Safety Code;
                           (xi) [(K)]  causing, permitting,
  encouraging, engaging in, or allowing a sexual performance by a
  child as defined by Section 43.25, Penal Code;
                           (xii) [(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]
                           (xiii) [(M)]  forcing or coercing a child to
  enter into a marriage;
                           (xiv)  administering or supplying, or
  consenting to or assisting in the administration or supply of, a
  puberty suppression prescription drug or cross-sex hormone to a
  child, other than an intersex child, for the purpose of gender
  transitioning or gender reassignment; or
                           (xv)  performing or consenting to the
  performance of surgery or another medical procedure on a child,
  other than an intersex child, for the purpose of gender
  transitioning or gender reassignment; and
                     (B)  does not include an act described by
  Paragraph (A)(xiv) if the act is the dispensing or delivery of a
  drug in accordance with Subtitle J, Title 3, Occupations Code, by a
  person licensed under that subtitle.
               (3-a)  "Intersex child" means a child who is younger
  than 18 years of age and either:
                     (A)  has inborn chromosomal, gonadal, genital, or
  endocrine characteristics, or a combination of those
  characteristics, that are not suited to the typical definition of
  male or female or are atypical for the determined sex of the child;
  or
                     (B)  is considered by a medical professional to
  have inborn chromosomal, gonadal, genital, or endocrine
  characteristics that are ambiguous or atypical for the determined
  sex of the child.
         SECTION 2.  The changes in law made by this Act to Section
  261.001, Family Code, do not apply to a person alleged to have
  committed abuse with respect to a child who:
               (1)  was born on or before August 31, 2010; and
               (2)  before the effective date of this Act, under the
  care of a licensed physician began taking puberty suppressant
  prescription drugs or cross-sex hormones or had any surgery or
  medical procedure performed for the purpose of gender transitioning
  or gender reassignment.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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