HBA-DMD, MAJ H.B. 462 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 462
By: Wise
Juvenile Justice & Family Issues
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person must report child abuse to the appropriate
agency only if the alleged abuse or suspected abuse involves a person
responsible for the care, custody, or welfare of the child. H.B. 462
requires child abuse to be reported regardless of whether the alleged
abuser is responsible for the care, custody, or welfare of the child.  The
bill also authorizes a report to be made to the agency that licenses,
operates, certifies, or registers the facility where the alleged abuse or
neglect occurred, or to the agency which is designated to be responsible
for the protection of children. 

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 261.103, Family Code, as follows:

Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY.  (a)  Requires that a
report be made to any local or state law enforcement agency and the
Department of Protective and Regulatory Services (department) if an alleged
or suspected abuse of a child involves a person responsible for the care,
custody, or welfare of the child.  "Report" means a report that alleged or
suspected abuse or neglect of a child has occurred or may occur.  Section
261.103 previously required the report to be made additionally to the state
agency that operates, licenses, certifies, or registers the facility in
which the alleged abuse or neglect occurred; or to the agency designated by
the court to be responsible for the protection of children.  Makes
nonsubstantive changes. 

(b)  Requires a report to be made to any local or state law enforcement
agency if the alleged or suspected abuse of a child does not involve a
person responsible for the care, custody, or welfare of the child.  Creates
this subsection from new and existing text. Makes nonsubstantive changes. 

(c)  Authorizes that, in addition to the requirements of Subsections (a)
and (b), a report may be made to the agency designated by the court to be
responsible for the protection of children or the state agency that
operates, licenses, certifies, or registers the facility in which the
alleged abuse or neglect occurred.  Creates this subsection from new and
existing text.  Redesignates Subdivision (3) and (4) to Subsection (c)(1)
and (2). 

SECTION 2.  Emergency clause.
  Effective date: upon passage.