By: Johnson of Harris H.B. No. 287       A BILL TO BE ENTITLED   AN ACT   relating to the definitions of abuse and neglect of a child   applicable to investigations of abuse and neglect in certain   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.101(b), Family Code, is amended to   read as follows:          (b)  If a professional has cause to believe that a child has   been abused or neglected or may be abused or neglected, or that a   child is a victim of an offense under Section 21.11, Penal Code, and   the professional has cause to believe that the child has been abused   as defined by Section 261.001 [or 261.401], the professional shall   make a report not later than the 48th hour after the hour the   professional first suspects that the child has been or may be abused   or neglected or is a victim of an offense under Section 21.11, Penal   Code. A professional may not delegate to or rely on another person   to make the report. In this subsection, "professional" means 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. The term includes teachers, nurses, doctors,   day-care employees, employees of a clinic or health care facility   that provides reproductive services, juvenile probation officers,   and juvenile detention or correctional officers.          SECTION 2.  Section 261.401(a), Family Code, is amended to   read as follows:          (a)  In [Notwithstanding Section 261.001, in] this section,   "exploitation"[:                [(1) "Abuse" means an intentional, knowing, or reckless   act or omission by an employee, volunteer, or other individual   working under the auspices of a facility or program that causes or   may cause 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.                [(2)  "Exploitation"] means the illegal or improper use   of a child or of the resources of a child for monetary or personal   benefit, profit, or gain by an employee, volunteer, or other   individual working under the auspices of a facility or program as   further described by rule or policy.                [(3)     "Neglect" means 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.]          SECTION 3.  Section 42.002(23), Human Resources Code, is   amended to read as follows:                (23)  "Other maltreatment" means:                      (A)  abuse, as defined by Section 261.001 [or   261.401], Family Code; or                      (B)  neglect, as defined by Section 261.001 [or   261.401], Family Code.          SECTION 4.  Section 42.044(c-1), Human Resources Code, is   amended to read as follows:          (c-1)  The department:                (1)  shall investigate a listed family home if the   department receives a complaint that:                      (A)  a child in the home has been abused or   neglected, as defined by Section 261.001 [261.401], Family Code; or                      (B)  otherwise alleges an immediate risk of danger   to the health or safety of a child being cared for in the home; and                (2)  may investigate a listed family home to ensure   that the home is providing care for compensation to not more than   three children, excluding children who are related to the   caretaker.          SECTION 5.  (a) The changes in law made by this Act apply   only to a report of suspected abuse or neglect of a child that is   made on or after the effective date of this Act. A report of   suspected abuse or neglect that is made before that date is governed   by the law in effect on the date the report was made, and that law is   continued in effect for that purpose.          (b)  The changes in law made by this Act apply only to an   offense committed on or after the effective date of this Act. An   offense committed before that date is governed by the law in effect   when the offense was committed, and the former law is continued in   effect for that purpose. For the purposes of this section, an   offense was committed before the effective date of this Act if any   element of the offense occurred before that date.          SECTION 6.  This Act takes effect September 1, 2017.