78th Texas Legislature, Regular Session, House Bill 320, Chapter 1008 Page: 1 of 5
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CHAPTER 1008 H.B. No. 320
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AN ACT
relating to the refusal to administer or consent to the
.administration of certain psychiatric or psychological treatment
to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1i. Chapter 26, Education Code, is amended by adding
Section 26.0091 to read as follows:
Sec. 26.0091. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL
TREATMENT OF CHILD AS BASIS OF REPORT OF NEGLECT. (a) In this
section, "psychotropic drug" has the meaning assigned by Section
261.111, Family Code.
(b) An employee of a school district may not use or threaten
to use the refusal of a parent, guardian, or managing or possessory
conservator of a child to administer or consent to the
administration of a psychotropic drug to the child, or to consent to
any other psychiatric or psychological testing or treatment of the
child, as the sole basis for making a report of neglect of the child
under Subchapter B, Chapter 261, Family Code, unless the employee
has cause to believe that the refusal:
(1) presents a substantial risk of death,
disfigurement, or bodily injury to the child; or
(2) has resulted in an observable and material
impairment to the growth, development, or functioning of the child.
SECTION 2. Subchapter A, Chapter 29, Education Code, is
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Texas. Legislature. House of Representatives. 78th Texas Legislature, Regular Session, House Bill 320, Chapter 1008, legislative document, June 2003; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth158604/m1/1/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.