89R15164 AMF-F     By: Lowe H.B. No. 3478       A BILL TO BE ENTITLED   AN ACT   relating to the definitions of child abuse and neglect and the   temporary emergency jurisdiction of a court in this state over a   child at risk of receiving certain prohibited gender transitioning   or gender reassignment procedures or treatments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Save James Act.          SECTION 2.  Section 152.204(a), Family Code, is amended to   read as follows:          (a)  A court of this state has temporary emergency   jurisdiction if:                (1)  the child is present in this state and the child   has been abandoned or it is necessary in an emergency to protect the   child because the child, or a sibling or parent of the child, is   subjected to or threatened with mistreatment or abuse; or                (2)  the child has a parent or person acting as a parent   who is present in this state and it is necessary to protect the   child from receiving a treatment or procedure prohibited under   Section 161.702, Health and Safety Code.          SECTION 3.  Section 261.001, Family Code, is amended by   amending Subdivisions (1) and (4) and adding Subdivision (1-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, 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; or                      (N)  causing, permitting, encouraging, engaging   in, or allowing:                            (i)  a medical intervention intended to   affirm a child's perception of the child's gender if that perception   is inconsistent with the child's biological sex, including a   treatment or procedure prohibited under Section 161.702, Health and   Safety Code; or                            (ii)  a psychological or social intervention   intended to affirm a child's perception of the child's gender if   that perception is inconsistent with the child's biological sex and   is:                                  (a)  severe or pervasive enough to   cause harm to the child's perception of the child's gender or   identity; or                                  (b)  an intervention by an adult   authority figure in the child's life.                (1-a)  "Abuse" does not include the refusal by a person   responsible for a child's care, custody, or welfare to affirm:                      (A)  a child's perception of the child's gender if   that perception is inconsistent with the child's biological sex,   including a refusal to use a child's preferred name or pronouns if   the name or pronouns are inconsistent with the child's biological   sex, regardless of whether the child's name has been legally   changed; or                      (B)  a child's expressed sexual orientation.                (4)  "Neglect" means an act or failure to act by a   person responsible for a child's care, custody, or welfare   evidencing the person's blatant disregard for the consequences of   the act or failure to act that results in harm to the child or that   creates an immediate danger to the child's physical health or   safety and:                      (A)  includes:                            (i)  the leaving of a child in a situation   where the child would be exposed to an immediate danger of physical   or mental harm, without arranging for necessary care for the child,   and the demonstration of an intent not to return by a parent,   guardian, or managing or possessory conservator of the child;                            (ii)  the following acts or omissions by a   person:                                  (a)  placing a child in or failing to   remove a child from a situation that a reasonable person would   realize requires judgment or actions beyond the child's level of   maturity, physical condition, or mental abilities and that results   in bodily injury or an immediate danger of harm to the child;                                  (b)  failing to seek, obtain, or follow   through with medical care for a child, with the failure resulting in   or presenting an immediate danger of death, disfigurement, or   bodily injury or with the failure resulting in an observable and   material impairment to the growth, development, or functioning of   the child;                                  (c)  the failure to provide a child   with food, clothing, or shelter necessary to sustain the life or   health of the child, excluding failure caused primarily by   financial inability unless relief services had been offered and   refused;                                  (d)  placing a child in or failing to   remove the child from a situation in which the child would be   exposed to an immediate danger of sexual conduct harmful to the   child; or                                  (e)  placing a child in or failing to   remove the child from a situation in which the child would be   exposed to acts or omissions that constitute abuse under   Subdivision (1)(E), (F), (G), (H), or (K) committed against another   child;                            (iii)  the failure by the person responsible   for a child's care, custody, or welfare to permit the child to   return to the child's home without arranging for the necessary care   for the child after the child has been absent from the home for any   reason, including having been in residential placement or having   run away; or                            (iv)  a negligent act or omission by an   employee, volunteer, or other individual working under the auspices   of a facility or program, including failure to comply with an   individual treatment plan, plan of care, or individualized service   plan, that causes or may cause substantial emotional harm or   physical injury to, or the death of, a child served by the facility   or program as further described by rule or policy; and                      (B)  does not include:                            (i)  the refusal by a person responsible for   a child's care, custody, or welfare to permit the child to remain in   or return to the child's home resulting in the placement of the   child in the conservatorship of the department if:                                  (a)  the child has a severe emotional   disturbance;                                  (b)  the person's refusal is based   solely on the person's inability to obtain mental health services   necessary to protect the safety and well-being of the child; and                                  (c)  the person has exhausted all   reasonable means available to the person to obtain the mental   health services described by Sub-subparagraph (b);                            (ii)  allowing the child to engage in   independent activities that are appropriate and typical for the   child's level of maturity, physical condition, developmental   abilities, or culture; [or]                            (iii)  a decision by a person responsible   for a child's care, custody, or welfare to:                                  (a)  obtain an opinion from more than   one medical provider relating to the child's medical care;                                  (b)  transfer the child's medical care   to a new medical provider; or                                  (c)  transfer the child to another   health care facility; or                            (iv)  the refusal by a person responsible   for a child's care, custody, or welfare to affirm:                                  (a)  a child's perception of the   child's gender if that perception is inconsistent with the child's   biological sex, including a refusal to use a child's preferred name   or pronouns if the name or pronouns are inconsistent with the   child's biological sex, regardless of whether the child's name has   been legally changed; or                                  (b)  a child's expressed sexual   orientation.          SECTION 4.  This Act takes effect September 1, 2025.