85R7418 MK-D     By: Kuempel H.B. No. 2205       A BILL TO BE ENTITLED   AN ACT   relating to a report of child abuse or neglect made by an employee   of a school district or an open-enrollment charter school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.004(a), Education Code, is amended to   read as follows:          (a)  The agency shall develop a policy governing the reports   of child abuse or neglect, including reports related to the   trafficking of a child under Section 20A.02(a)(5), (6), (7), or   (8), Penal Code, as required by Chapter 261, Family Code, for school   districts, open-enrollment charter schools, and their employees.     The policy must provide for cooperation with law enforcement child   abuse investigations without the consent of the child's parents if   necessary, including investigations by the Department of Family and   Protective Services.  The policy must require each school district   and open-enrollment charter school employee to report child abuse   or neglect, including the trafficking of a child under Section   20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter   261, Family Code, except that a school district or open-enrollment   charter school employee must make the report to both the Department   of Family and Protective Services and a local or state law   enforcement agency.  Each school district and open-enrollment   charter school shall adopt the policy.          SECTION 2.  Section 261.103, Family Code, is amended by   amending Subsection (a) and adding Subsection (d) to read as   follows:          (a)  Except as otherwise provided by this section   [Subsections (b) and (c)] and Section 261.405, a report shall be   made to:                (1)  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.          (d)  Notwithstanding any other provision of this section, an   employee of a school district or open-enrollment charter school who   is required to make a report of child abuse or neglect, including   the trafficking of a child under Section 20A.02(a)(5) or (7), Penal   Code, must make a report to both the department and to a local or   state law enforcement agency.           SECTION 3.  This Act takes effect September 1, 2017.