Texas Laws | Family Code (3) "Newly hired employee" means an employee who: (17265) (A) has not been previously employed by the employer; or (17266) (B) was previously employed by the employer but has been separated from that employment for at least 60 consecutive days. (17267) Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. (17268) Amended by: (17269) Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 17, eff. September 1, 2013. (17270) Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 7, eff. September 1, 2015. (17271) Sec. 234.102. OPERATION OF NEW HIRE DIRECTORY. (17272)(Text)In cooperation with the Texas Workforce Commission, the Title IV-D agency shall develop and operate a state directory to which employers in the state shall report each newly hired or rehired employee in accordance with the requirements of 42 U.S.C. Section 653a. (17273) Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 12, eff. Aug. 30, 1999. (17274) Sec. 234.103. CONTRACTS AND COOPERATIVE AGREEMENTS. (17275)(Text)The Title IV-D agency may enter into cooperative agreements and contracts as necessary to create and operate the directory authorized under this subchapter. (17276) Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 13, eff. Aug. 30, 1999. (17277) Sec. 234.104. PROCEDURES. (17278)(Text)The Title IV-D agency by rule shall establish procedures for reporting employee information and for operating a state directory of new hires meeting the requirements of federal law. (17279) Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 14, eff. Aug. 30, 1999. (17280) Sec. 234.105. CIVIL PENALTY. (17281)(Text)(a) In addition to any other remedy provided by law, an employer who knowingly violates a procedure adopted under Section 234.104 for reporting employee information may be liable for a civil penalty as permitted by Section 453A(d) of the federal Social Security Act (42 U.S.C. Section 653a). (17282) (b) The amount of the civil penalty may not exceed: (17283) (1) $25 for each occurrence in which an employer fails to report an employee; or (17284) (2) $500 for each occurrence in which the conduct described by Subdivision (1) is the result of a conspiracy between the employer and an employee to not supply a required report or to submit a false or incomplete report. (17285) (c) The attorney general may sue to collect the civil penalty. A penalty collected under this section shall be deposited in a special fund in the state treasury. (17286) Added by Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 62, eff. September 1, 2007. (17287) SUBTITLE E. PROTECTION OF THE CHILD (17288)(Text)CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT (17289)(Text)Sec. 261.001. DEFINITIONS. (17290)(Text)In this chapter: (17291) (1) "Abuse" includes the following acts or omissions by a person: (17292) (A) mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning; (17293) (B) causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning; (17294) (C) physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; (17295) (D) failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child; (17296) (E) sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or children under Section 21.02, Penal Code, indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code; (17297) (F) failure to make a reasonable effort to prevent sexual conduct harmful to a child; (17298) (G) compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution under Section 43.02(b), Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code; (17299) (H) causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic; (17300)
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