HBA-TYH, KSM H.B. 463 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 463
By: Wise
Juvenile Justice and Family Issues
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Family Code imposes penalties on professionals and other
individuals who do not report suspected cases of child abuse, neglect, or
sexual abuse.  Such an offense, committed by anyone, is a Class B
misdemeanor.  H.B. 463 distinguishes the penalties between persons who are
professionals and those who are not.  The bill makes it a Class C
misdemeanor if the person failing to report the abuse is an ordinary
citizen, and a Class B misdemeanor if the person failing to report the
abuse is a professional as defined by Section 261.101(b) of the Family Code
(Definitions). 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 261.109, Family Code, by amending Subsection (b)
and adding Subsection (c), as follows:  

(b) Makes an offense under this section a Class C misdemeanor, rather than
a Class B misdemeanor, except as provided by Subsection (c).  An offense
under this section relates to a persons' failure to report child abuse or
neglect.  Makes a nonsubstantive change.  

(c) Establishes that an offense under this section is a Class B misdemeanor
if the person is a professional as defined by Section 261.101(b)(Persons
Required to Report;  Time to Report), or is responsible for the child's
care, custody, or welfare.   

SECTION 2.  Amends Subchapter B, Chapter 261, Family Code, by adding
Section 261.110, as follows: 

     Sec. 261.110.  CIVIL LIABILITY FOR FAILING TO REPORT ABUSE.  Provides
that "professional" has the meaning assigned by Section 261.101(b), which
is an individual who is licensed or certified by the state or who is an
employee of a facility licensed, certified, or operated by the state and
who, in the normal course of official duties or duties for which a license
or certification is required, has direct contact with children. Provides
that a professional who fails to report abuse as required is liable for the
personal injury or death of a child that occurs after the time the
professional was required to report the abuse.  Prohibits a person from
recovering damages under Subsection (b) if the person was responsible for
the report of abuse not being filed. 

SECTION 3.  Effective date:  September 1, 1999. 
            Makes application of Section 261.110, Family Code, as added by
this Act,  
                       prospective.

SECTION 4.  Emergency clause.