Bill Text: TX SB39 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas Senate Bill 39 (Prior Session Legislation)

Introduced

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

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-08-06 - Filed [SB39 Detail]

Download: Texas-2021-SB39-Introduced.html

	87S20136 MCK-D

	By: Perry	S.B. No. 39



	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(1), Family Code, as amended by
	H.B. No. 375 and H.B. No. 1540, Acts of the 87th Legislature,
	Regular Session, 2021, as effective September 1, 2021, is reenacted
	and amended 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.
	SECTION 2. Section 261.001, Family Code, is amended by
	adding Subdivision (3-a) to read as follows:
	(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 3. 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 4. This Act takes effect on the 91st day after the
	last day of the legislative session.