89R5885 AMF-F     By: Noble H.B. No. 3635       A BILL TO BE ENTITLED   AN ACT   relating to definition of abuse of a child, the reporting of child   abuse and neglect, and certain required notifications about reports   of child abuse and neglect.          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" includes the following acts or omissions   by a person:                      (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;                      (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;                      (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;                      (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;                      (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, improper relationship between   educator and student under Section 21.12, Penal Code, sexual   assault under Section 22.011, Penal Code, or aggravated sexual   assault under Section 22.021, Penal Code;                      (F)  failure to make a reasonable effort to   prevent sexual conduct harmful to a child;                      (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;                      (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;                      (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;                      (J)  causing, expressly permitting, or   encouraging a child to use a controlled substance as defined by   Chapter 481, Health and Safety Code;                      (K)  causing, permitting, encouraging, engaging   in, or allowing a sexual performance by a child as defined by   Section 43.25, Penal Code;                      (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                      (M)  forcing or coercing a child to enter into a   marriage.                (3-a)  "Law enforcement agency" means:                      (A)  the Department of Public Safety;                      (B)  the police department of a municipality;                      (C)  the sheriff's office of a county; or                      (D)  a constable's office of a county.          SECTION 2.  Section 261.103(a), Family Code, is amended to   read as follows:          (a)  Except as provided by Subsections (b) and (c) and   Section 261.405, a report shall be made to:                (1)  a [any local or state] law enforcement agency;                (2)  the department; or                (3)  the state agency that operates, licenses,   certifies, or registers the facility in which the alleged abuse or   neglect occurred.          SECTION 3.  Sections 261.104(b) and (d), Family Code, are   amended to read as follows:          (b)  If the individual making a report of child abuse or   neglect uses the toll-free telephone number the department operates   for reporting child abuse or neglect and the individual is   unwilling to provide the information described by Subsection   (a)(4), the department representative receiving the report shall   notify the individual that:                (1)  the department is not authorized to accept an   anonymous report of abuse or neglect;                (2)  the individual may report the abuse or neglect by   making a report to a [any local or state] law enforcement agency;   and                (3)  the identity of an individual making a report   under this subchapter is confidential and may be disclosed only:                      (A)  as provided by Section 261.201; or                      (B)  to a law enforcement officer for the purposes   of conducting a criminal investigation of the report.          (d)  If a report of abuse or neglect is made orally, the   department or [local or state] law enforcement agency receiving the   report shall:                (1)  notify the individual making the report that:                      (A)  the report is being recorded; and                      (B)  making a false report is a criminal offense   under Section 261.107 punishable as a state jail felony or a third   degree felony; and                (2)  make an audio recording of the report.          SECTION 4.  Sections 261.105(a), (b), and (d), Family Code,   are amended to read as follows:          (a)  All reports received by a [local or state] law   enforcement agency that allege abuse or neglect by a person   responsible for a child's care, custody, or welfare shall be   referred immediately to the department.          (b)  The department shall immediately notify the appropriate   [state or local] law enforcement agency of any report it receives,   other than a report from a law enforcement agency, that concerns the   suspected abuse or neglect of a child or death of a child from abuse   or neglect.          (d)  If the department initiates an investigation and   determines that the abuse or neglect does not involve a person   responsible for the child's care, custody, or welfare, the   department shall refer the report to the appropriate [a] law   enforcement agency for further investigation. If the department   determines that the abuse or neglect involves an employee of a   public or private elementary or secondary school, [and that the   child is a student at the school,] the department shall [orally]   notify, in writing, the superintendent of the school district, the   director of the open-enrollment charter school, or the chief   executive officer of the private school in which the employee is   employed about the investigation.  The written notice required by   this subsection may be provided by e-mail to the official e-mail   address of the appropriate official, if that e-mail address is   publicly available.          SECTION 5.  Sections 261.301(a) and (c), Family Code, are   amended to read as follows:          (a)  With assistance from the appropriate [state or local]   law enforcement agency as provided by this section, the department   shall make a prompt and thorough investigation of a report of child   abuse or neglect allegedly committed by a person responsible for a   child's care, custody, or welfare. The investigation shall be   conducted without regard to any pending suit affecting the   parent-child relationship.          (c)  The department is not required to investigate a report   that alleges child abuse, neglect, or exploitation by a person   other than a person responsible for a child's care, custody, or   welfare. The appropriate [state or local] law enforcement agency   shall investigate that report if the agency determines an   investigation should be conducted.          SECTION 6.  Section 261.304(a), Family Code, is amended to   read as follows:          (a)  If an individual makes an anonymous report of child   abuse or neglect by a person responsible for a child's care,   custody, or welfare to a [local or state] law enforcement agency and   the agency refers the report to the department, the department   shall conduct a preliminary investigation to determine whether   there is any evidence to corroborate the report.          SECTION 7.  Section 261.402(b), Family Code, is amended to   read as follows:          (b)  A state agency shall immediately notify the appropriate   [state or local] law enforcement agency of any report the agency   receives, other than a report from a law enforcement agency, that   concerns the suspected abuse, neglect, or exploitation of a child   or the death of a child from abuse or neglect. If the state agency   finds evidence indicating that a child may have been abused,   neglected, or exploited, the agency shall report the evidence to   the appropriate law enforcement agency.          SECTION 8.  This Act takes effect September 1, 2025.