Relating to the definitions of child abuse and neglect.
LowStandard timeline
Low Cost
Effective:2025-09-01
Enforcing Agencies
Department of Family and Protective Services (DFPS)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline: August 15, 2025 (Recommended target for completing staff retraining to ensure readiness by the effective date).
Agency Rulemaking: DFPS is not explicitly mandated to create new public rules, but must update internal Child Protective Services (CPS) handbooks and screening guidelines prior to September 1. Expect a "regulatory gray zone" regarding how this exclusion interacts with "medical neglect" standards until late 2025.
Immediate Action Plan
Issue a "Stop-Report" Directive: Notify all mandatory reporters by August 15, 2025, that non-affirmation is no longer a valid basis for a DFPS hotline call.
Audit HR Handbooks: Decouple internal disciplinary standards regarding DEI/affirmation from statutory abuse definitions to preserve your right to manage employee conduct.
Review Liability Insurance: Consult with your broker to confirm D&O coverage remains intact if a federal civil rights claim arises from conduct now protected by state law.
Update Intake Forms: Add a checkbox or field for "Statutory Exclusion Review" to document why specific disclosures were not reported.
Operational Changes Required
Contracts
Employment Agreements: Review "Termination for Cause" clauses. If "Cause" is defined by statutory abuse standards, you can no longer terminate an employee for "abuse" solely based on their refusal to affirm a child's gender identity.
Vendor MSAs: Update agreements with third-party counselors or therapists. You cannot contractually obligate vendors to report non-affirmation as abuse, as this now violates state law.
Hiring/Training
Mandatory Reporter Training: You must revise training modules immediately. Staff must be instructed that a parent or guardian’s refusal to use preferred pronouns or affirm sexual orientation is no longer a reportable offense.
HR Policy: Distinguish between state law and company policy. If your organization requires affirmation as a condition of employment, this must be codified as a violation of "internal code of conduct," not "violation of state abuse statutes."
Reporting & Record-Keeping
Incident Reporting Logs: Update internal intake forms. If a child reports distress regarding non-affirmation, staff must document the disclosure but explicitly note that the incident was screened out of DFPS reporting pursuant to HB1106.
Liability Documentation: Maintain records demonstrating that your organization evaluated the complaint and declined to report based on statutory compliance, mitigating risk of litigation from parents claiming harassment.
Fees & Costs
Budget Impact: Negligible direct costs.
Administrative Costs: Allocation of legal counsel hours for handbook review and staff retraining time.
Strategic Ambiguities & Considerations
The "Medical Neglect" Intersection: The law protects the *refusal to affirm*, but it does not explicitly shield a caregiver if that refusal results in severe psychiatric crisis or self-harm. It is unclear at what point a "protected refusal" becomes "medical neglect" if a physician prescribes affirmation as life-saving treatment.
Professional Licensing vs. State Statute: While this bill amends the Family Code (abuse reporting), it does not amend the Occupations Code. Licensed professionals (doctors, social workers) on your staff may still face sanctions from their respective licensing boards for "unprofessional conduct" even if the act is not legally "abuse."
Federal Funding Conflicts: For entities receiving federal funds, this state law may conflict with Title IX or HHS interpretations of discrimination.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The bill author has informed the committee that, in parts of the country, there have been instances where a child's parents have been accused of abuse for refusing to refer to their child with their preferred name, pronouns, and sexual orientation. The bill author has also informed the committee that in other states, legislation has been proposed that considers the refusal of a person responsible for a child's care, custody, or welfare to affirm a child's preferred gender, pronouns, or sexual orientation as a type of coercive control. C.S.H.B. 1106 seeks to address this by specifying that a parent who does not affirm their child's preferred name, pronouns, and sexual orientation is not committing abuse or neglect.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 1106 amends the Family Code to revise the definitions of "abuse" and "neglect," for purposes of statutory provisions governing investigations of reports of child abuse or neglect, by specifying that the terms do not include the refusal by a person responsible for a child's care, custody, or welfare to affirm the following:
·a child's perception of the child's gender, including a refusal to use a child's preferred name or pronouns, regardless of whether the child's name has been legally changed; or
·a child's expressed sexual orientation.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 1106 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced specified that the definition of "abuse" and "neglect," for purposes of statutory provisions governing investigations of reports of child abuse or neglect, does not include the refusal of a child's parent, legal guardian, or other person responsible for a child's care, custody, or welfare to affirm the child's expressed sexual orientation or gender identity or address the child according to the child's preferred name or pronoun(s), regardless of whether the child has legally changed their name, the substitute specifies that those terms do not include the refusal by a person responsible for a child's care, custody, or welfare to affirm the following:
·a child's perception of the child's gender, including a refusal to use a child's preferred name or pronouns, regardless of whether the child's name has been legally changed; or
Honorable Lacey Hull, Chair, House Committee on Human Services
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1106 by Shaheen (Relating to the definition of abuse or neglect of a child.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the definition of abuse and neglect related to the refusal to affirm a child's expression of sexual orientation or gender identify or the child's preferred pronouns.
It is assumed that any costs to the Department of Family and Protective Services could be absorbed within existing appropriations.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
530 Family and Protective Services, Department of
LBB Staff:
JMc, NPe, ER, AN
Related Legislation
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HB1106 establishes a statutory safe harbor within the Texas Family Code, explicitly excluding the refusal to affirm a child’s gender identity, preferred pronouns, or sexual orientation from the legal definitions of "abuse" and "neglect. " This legislation immediately alters the liability landscape for mandatory reporters in healthcare, education, and child-care sectors, requiring a revision of reporting protocols to prevent legally invalid referrals to the Department of Family and Protective Services (DFPS). Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 15, 2025 (Recommended target for completing staff retraining to ensure readiness by the effective date).
Q
Who authored HB1106?
HB1106 was authored by Texas Representative Matthew Shaheen during the Regular Session.
Q
When was HB1106 signed into law?
HB1106 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB1106?
HB1106 is enforced by Department of Family and Protective Services (DFPS).
Q
How urgent is compliance with HB1106?
The compliance urgency for HB1106 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB1106?
The cost impact of HB1106 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB1106 address?
HB1106 addresses topics including family, family--child protection, child abuse, gender identity & expression and sexual orientation.
Legislative data provided by LegiScanLast updated: November 25, 2025
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