82R12943 MCK-F
	By: Hilderbran	H.B. No. 253
	Substitute the following for H.B. No. 253:
	By:  Raymond	C.S.H.B. No. 253

	A BILL TO BE ENTITLED
	AN ACT
	relating to the protection of children by ensuring reports of abuse
	or neglect, protecting children from abuse and neglect, ensuring
	that births are reported, and prosecuting the offense of bigamy;
	providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 12.01, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 12.01.  FELONIES. Except as provided in Article 12.03,
	felony indictments may be presented within these limits, and not
	afterward:
	(1)  no limitation:
	(A)  murder and manslaughter;
	(B)  sexual assault under Section 22.011(a)(2),
	Penal Code, or aggravated sexual assault under Section
	22.021(a)(1)(B), Penal Code;
	(C)  sexual assault, if during the investigation
	of the offense biological matter is collected and subjected to
	forensic DNA testing and the testing results show that the matter
	does not match the victim or any other person whose identity is
	readily ascertained;
	(D)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code;
	(E)  indecency with a child under Section 21.11,
	Penal Code; or
	(F)  an offense involving leaving the scene of an
	accident under Section 550.021, Transportation Code, if the
	accident resulted in the death of a person;
	(2)  ten years from the date of the commission of the
	offense:
	(A)  theft of any estate, real, personal or mixed,
	by an executor, administrator, guardian or trustee, with intent to
	defraud any creditor, heir, legatee, ward, distributee,
	beneficiary or settlor of a trust interested in such estate;
	(B)  theft by a public servant of government
	property over which he exercises control in his official capacity;
	(C)  forgery or the uttering, using or passing of
	forged instruments;
	(D)  injury to an elderly or disabled individual
	punishable as a felony of the first degree under Section 22.04,
	Penal Code;
	(E)  sexual assault, except as provided by
	Subdivision (1); or
	(F)  arson;
	(3)  seven years from the date of the commission of the
	offense:
	(A)  misapplication of fiduciary property or
	property of a financial institution;
	(B)  securing execution of document by deception;
	(C)  a felony violation under Chapter 162, Tax
	Code;
	(D)  false statement to obtain property or credit
	under Section 32.32, Penal Code;
	(E)  money laundering;
	(F)  credit card or debit card abuse under Section
	32.31, Penal Code; [or]
	(G)  fraudulent use or possession of identifying
	information under Section 32.51, Penal Code; or
	(H)  bigamy under Section 25.01, Penal Code,
	except as provided by Subdivision (6);
	(4)  five years from the date of the commission of the
	offense:
	(A)  theft or robbery;
	(B)  except as provided by Subdivision (5),
	kidnapping or burglary;
	(C)  injury to an elderly or disabled individual
	that is not punishable as a felony of the first degree under Section
	22.04, Penal Code;
	(D)  abandoning or endangering a child; or
	(E)  insurance fraud;
	(5)  if the investigation of the offense shows that the
	victim is younger than 17 years of age at the time the offense is
	committed, 20 years from the 18th birthday of the victim of one of
	the following offenses:
	(A)  sexual performance by a child under Section
	43.25, Penal Code;
	(B)  aggravated kidnapping under Section
	20.04(a)(4), Penal Code, if the defendant committed the offense
	with the intent to violate or abuse the victim sexually; or
	(C)  burglary under Section 30.02, Penal Code, if
	the offense is punishable under Subsection (d) of that section and
	the defendant committed the offense with the intent to commit an
	offense described by Subdivision (1)(B) or (D) of this article or
	Paragraph (B) of this subdivision;
	(6)  ten years from the 18th birthday of the victim of
	the offense:
	(A)  injury to a child under Section 22.04, Penal
	Code; or
	(B)  bigamy under Section 25.01, Penal Code, if
	the investigation of the offense shows that the person, other than
	the legal spouse of the defendant, whom the defendant marries or
	purports to marry or with whom the defendant lives under the
	appearance of being married is younger than 18 years of age at the
	time the offense is committed; or
	(7)  three years from the date of the commission of the
	offense:  all other felonies.
	SECTION 2.  Section 262.001, Family Code, is amended by
	amending Subsection (b) and adding Subsection (c) to read as
	follows:
	(b)  In determining the reasonable efforts, if any, that are
	required to be made with respect to preventing or eliminating the
	need to remove a child from the child's home or to make it possible
	to return a child to the child's home, the child's health and safety
	is the paramount concern.
	(c)  In making a determination under Subsection (b), the
	court may find that based on the circumstances no reasonable
	efforts would prevent or eliminate the need to remove a child and
	that the department satisfied the requirements of Subsection (b)
	even though the department made no efforts to prevent or eliminate
	the need to remove a child.
	SECTION 3.  Section 262.1015(b), Family Code, is amended to
	read as follows:
	(b)  A court may issue a temporary restraining order in a
	suit by the department for the removal of an alleged perpetrator
	under Subsection (a) if the department's petition states facts
	sufficient to satisfy the court that:
	(1)  there is an immediate danger to the physical
	health or safety of the child or the child has been a victim of
	sexual abuse;
	(2)  there is no time, consistent with the physical
	health or safety of the child, for an adversary hearing;
	(3)  the child is not in danger of abuse from a parent
	or other adult with whom the child will continue to reside in the
	residence of the child; [and]
	(4)  the parent or other adult with whom the child will
	continue to reside in the child's home is likely to:
	(A)  make a reasonable effort to monitor the
	residence; and
	(B)  report to the department and the appropriate
	law enforcement agency any attempt by the alleged perpetrator to
	return to the residence; and
	(5)  the issuance of the order is in the best interest
	of the child.
	SECTION 4.  Section 262.102(b), Family Code, is amended to
	read as follows:
	(b)  In determining whether the circumstances described by
	Subsections (a)(1) and (2) exist [there is an immediate danger to
	the physical health or safety of a child], the court shall [may]
	consider whether the child's household includes a person who has:
	(1)  abused or neglected another child in a manner that
	caused serious injury to or the death of the other child; or
	(2)  sexually abused another child.
	SECTION 5.  Subchapter B, Chapter 262, Family Code, is
	amended by adding Section 262.116 to read as follows:
	Sec. 262.116.  RESIDING WITH CHILD AFTER REMOVAL.  If the
	department takes possession of a child under this chapter from a
	person entitled to possession of the child, the department may not
	allow that person to reside with the child while the child is in an
	out-of-home placement, unless:
	(1)  the person is a minor at the time the child is
	removed;
	(2)  the person and child are placed together with a
	residential child-care provider regulated under Chapter 42, Human
	Resources Code, that provides a program specifically designed to
	address the issues that led to the removal of the child from the
	person; or
	(3)  the court has ordered the department to allow the
	person to reside with the child.
	SECTION 6.  Section 195.004, Health and Safety Code, is
	amended by amending Subsection (d) and adding Subsection (d-1) to
	read as follows:
	(d)  Except as provided by Subsection (d-1), an [An] offense
	under this section is a Class C misdemeanor.
	(d-1)  An offense under this section for failure to perform a
	duty required by Section 192.003 is a Class A misdemeanor.
	SECTION 7.  Section 25.01(e), Penal Code, is amended to read
	as follows:
	(e)  An offense under this section is a felony of the third
	degree, except that if at the time of the commission of the offense,
	the person whom the actor marries or purports to marry or with whom
	the actor lives under the appearance of being married is:
	(1)  17 [16] years of age [or older], the offense is a
	felony of the second degree; or
	(2)  [younger than] 16 years of age or younger, the
	offense is a felony of the first degree.
	SECTION 8.  The change in law made by this Act to Section
	25.01, Penal Code, applies only to an offense committed on or after
	the effective date of this Act. An offense committed before the
	effective date of this Act is governed by the law in effect when the
	offense was committed, and the former law is continued in effect for
	that purpose. For purposes of this section, an offense is committed
	before the effective date of this Act if any element of the offense
	occurs before that date.
	SECTION 9.  The change in law made by this Act to Article
	12.01, Code of Criminal Procedure, does not apply to an offense if
	the prosecution of that offense becomes barred by limitation before
	the effective date of this Act.  The prosecution of that offense
	remains barred as if this Act had not taken effect.
	SECTION 10.  The change in law made by this Act to Section
	262.1015(b), Family Code, applies only to a petition for a
	temporary restraining order in a suit by the Department of Family
	and Protective Services filed on or after the effective date of this
	Act. A petition filed before the effective date of this Act is
	governed by the law in effect on the date the petition was filed,
	and the former law is continued in effect for that purpose.
	SECTION 11.  This Act takes effect September 1, 2011.