87(1) HB 89 - Introduced version - Bill Text

	87S10087 MCK-D
	By:  Slaton	H.B.  No.  89

	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;
	(B)    subject to Paragraph (C), includes the
	following acts by a medical professional or mental health
	professional for the purpose of attempting to change or affirm a
	child's perception of the child's sex, if that perception is
	inconsistent with the child's biological sex as determined by the