H

H.B.ANo.A1041

AN ACT

relating to school district policies addressing sexual abuse of

children and establishment of a state strategy to reduce child

abuse and neglect and improve child welfare.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONA1.AAThis Act shall be known as Jenna ’s Law.

SECTIONA2.AASubchapter A, Chapter 38, Education Code, is

amended by adding Section 38.0041 to read as follows:

Sec.A38.0041.AAPOLICIES ADDRESSING SEXUAL ABUSE OF CHILDREN.

(a) Each school district shall adopt and implement a policy

addressing sexual abuse of children to be included in the district

improvement plan under Section 11.252 and any informational

handbook provided to students and parents.

(b)AAA policy required by this section must address:

(1)AAmethods for increasing teacher, student, and

parent awareness of issues regarding sexual abuse of children,

including knowledge of likely warning signs indicating that a child

may be a victim of sexual abuse, using resources developed by the

agency under Section 38.004;

(2)AAactions that a child who is a victim of sexual

abuse should take to obtain assistance and intervention; and

(3)AAavailable counseling options for students

affected by sexual abuse.

SECTIONA3.AA(a) In this section, "task force" means the task

force established under this section to establish a strategy for

reducing child abuse and neglect and improving child welfare.

(b)AAThe task force consists of nine members appointed as

follows:

(1)AAfive members appointed by the governor;

(2)AAtwo members appointed by the lieutenant governor;

and

(3)AAtwo members appointed by the speaker of the house

of representatives.

(c)AAMembers of the task force must be individuals who are

actively involved in the fields of the prevention of child abuse and

neglect and child welfare. The appointment of members must reflect

the geographic diversity of the state.

(d)AAThe task force shall elect a presiding officer by a

majority vote of the membership of the task force.

(e)AAThe task force shall meet at the call of the presiding

officer.

(f)AAChapter 2110, Government Code, does not apply to the

task force.

(g)AAThe task force shall establish a strategy for reducing

child abuse and neglect and for improving child welfare in this

state. In establishing that strategy, the task force shall:

(1)AAgather information concerning child safety, child

abuse and neglect, and child welfare throughout the state;

(2)AAreview the exemptions from criminal liability

provided under the Penal Code to a mother who injures her unborn

child by using a controlled substance, as defined by Chapter 481,

H.B.ANo.A1041

Health and Safety Code, other than a controlled substance legally

obtained by prescription, during her pregnancy and examine the

effect that repealing the exemptions will have on reducing the

number of babies who are born addicted to a controlled substance;

(3)AAreceive reports and testimony from individuals,

state and local agencies, community-based organizations, and other

public and private organizations;

(4)AAcreate goals for state policy that would improve

child safety, prevent child abuse and neglect, and improve child

welfare; and

(5)AAsubmit a strategic plan to accomplish those goals.

(h)AAThe strategic plan submitted under Subsection (g) of

this section may include proposals for specific statutory changes,

the creation of new programs, and methods to foster cooperation

among state agencies and between the state and local government.

(i)AAThe task force shall consult with employees of the

Department of Family and Protective Services, the Department of

State Health Services, and the Texas Department of Criminal Justice

as necessary to accomplish the task force ’s responsibilities under

this Act.

(j)AAThe task force may cooperate as necessary with any other

appropriate state agency.

(k)AAThe governor, lieutenant governor, and speaker of the

house of representatives shall appoint the members of the task

force not later than October 1, 2009.

(l)AANot later than November 1, 2010, the task force shall

submit the strategic plan required by Subsection (g) of this

H.B.ANo.A1041

section to the governor, lieutenant governor, and speaker of the

house of representatives.

(m)AAThe task force is abolished and this section expires on

September 1, 2011.

SECTIONA4.AAThis Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2009.

H.B.ANo.A1041

______________________________ ______________________________

AAPresident of the Senate Speaker of the HouseAAAAAA

I certify that H.B. No. 1041 was passed by the House on May 7,

2009, by the following vote:AAYeas 146, Nays 0, 1 present, not

voting; that the House refused to concur in Senate amendments to

H.B. No. 1041 on May 29, 2009, and requested the appointment of a

conference committee to consider the differences between the two

houses; and that the House adopted the conference committee report

on H.B. No. 1041 on May 31, 2009, by the following vote:AAYeas 145,

Nays 0, 1 present, not voting.

______________________________

Chief Clerk of the HouseAAA

H.B.ANo.A1041

I certify that H.B. No. 1041 was passed by the Senate, with

amendments, on May 25, 2009, by the following vote:AAYeas 31, Nays

0; at the request of the House, the Senate appointed a conference

committee to consider the differences between the two houses; and

that the Senate adopted the conference committee report on H.B. No.

1041 on May 31, 2009, by the following vote:AAYeas 31, Nays 0.

______________________________

Secretary of the SenateAAA

APPROVED: __________________

AAAAAAAAAAAAAAAAADateAAAAAAA

AAAAAAAAA __________________

AAAAAAAAAAAAAAAGovernorAAAAAAA

H.B.ANo.A1041