84th Texas Legislature, Regular Session, House Bill 1286, Chapter 719 Page: 2 of 7
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H.B. No. 1286
1 amending Subsection (1) and adding Subsection (m) to read as
3 (1) It is an affirmative defense to prosecution under this
5 (1) that the act or omission was based on treatment in
6 accordance with the tenets and practices of a recognized religious
7 method of healing with a generally accepted record of efficacy;
8 (2) for a person charged with an act of omission
9 causing to a child, elderly individual, or disabled individual a
10 condition described by Subsection (a)(1), (2), or (3) that:
11 (A) there is no evidence that, on the date prior
12 to the offense charged, the defendant was aware of an incident of
13 injury to the child, elderly individual, or disabled individual and
14 failed to report the incident; and
15 (B) the person:
16 (i) was a victim of family violence, as that
17 term is defined by Section 71.004, Family Code, committed by a
18 person who is also charged with an offense against the child,
19 elderly individual, or disabled individual under this section or
20 any other section of this title;
21 (ii) did not cause a condition described by
22 Subsection (a)(1), (2), or (3); and
23 (iii) did not reasonably believe at the
24 time of the omission that an effort to prevent the person also
25 charged with an offense against the child, elderly individual, or
26 disabled individual from committing the offense would have an
27 effect; or
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Texas. Legislature. House of Representatives. 84th Texas Legislature, Regular Session, House Bill 1286, Chapter 719, legislative document, June 17, 2015; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth705026/m1/2/: accessed November 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.