Applies if she’s in treatment, recently finished or tried enrolling within five days.
The bill lets doctors, prenatal providers, and mental health workers skip a child abuse report when a pregnant patient voluntarily admits illegal drug use during pregnancy and shows she is in treatment, has recently finished treatment, or tried to enroll within five days. The provider must also decide there is no immediate risk of harm to the child from the drug exposure or from the parent. It also bars the state child protection agency from investigating a drug-use-during-pregnancy report if the person enrolls in and completes a supervised treatment program, starting September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 811 (Did not pass) and this bill (Did not pass). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 811 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.STALLED AFTER COMMITTEE. Voted out of the House Judiciary & Civil Jurisprudence committee 8-2 on May 8, 2025. Placed on the General State Calendar on May 15, 2025. The bill died.
relating to reporting and investigating certain cases of child
abuse or neglect involving a pregnant person's use of a controlled
substance.
WHAT IT DOES
Applies if she’s in treatment, recently finished or tried enrolling within five days.
The bill lets doctors, prenatal providers, and mental health workers skip a child abuse report when a pregnant patient voluntarily admits illegal drug use during pregnancy and shows she is in treatment, has recently finished treatment, or tried to enroll within five days. The provider must also decide there is no immediate risk of harm to the child from the drug exposure or from the parent. It also bars the state child protection agency from investigating a drug-use-during-pregnancy report if the person enrolls in and completes a supervised treatment program, starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Judiciary & Civil Jurisprudence · Committee vote 8 aye, 2 nay, 1 absent · Out of committee
Subjects
Alcoholism & Drug Abuse
Family--Child Protection
Women
CHILD ABUSE
PREGNANCY & CHILDBIRTH
FAMILY & PROTECTIVE SERVICES, DEPARTMENT OF
Text
The text as introduced · 364 words
89R5160 AMF-F
By: Meza
H.B. No. 330
A BILL TO BE ENTITLED
AN ACT
relating to reporting and investigating certain cases of child
abuse or neglect involving a pregnant person's use of a controlled
substance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.101, Family Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) A professional providing prenatal, mental health, or
other medical care to a person who voluntarily discloses to the
professional that the person illegally used a controlled substance,
as defined by Chapter 481, Health and Safety Code, during pregnancy
is not required to make a report under this section if:
(1) the person provides proof that:
(A) the person is currently enrolled in or has
recently completed a substance abuse treatment program; or
(B) the person made reasonable efforts to enroll
in a substance abuse treatment program within five days after the
date the person made a disclosure described by this subsection; and
(2) the professional determines:
(A) there is no immediate risk of harm to the
child from the exposure to the controlled substance; and
(B) the person does not otherwise pose an
immediate risk of harm to the child.
SECTION 2. Section 261.301, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), with [ With ]
assistance from the appropriate state or local law enforcement
agency as provided by this section, the department shall make a
prompt and thorough investigation of a report of child abuse or
neglect allegedly committed by a person responsible for a child's
care, custody, or welfare. The investigation shall be conducted
without regard to any pending suit affecting the parent-child
relationship.
(a-1) The department may not investigate a report of child
abuse or neglect allegedly committed by a person based on the
person's illegal use of a controlled substance, as defined by
Chapter 481, Health and Safety Code, during pregnancy if the person
enrolls in and successfully completes a substance abuse treatment
program under the supervision of the referring or treating
professional.
SECTION 3. This Act takes effect September 1, 2025.