Bill Text: TX SB187 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to failure to report assault, neglect, or omission of care in certain group homes; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-23 - Statement(s) of vote recorded in Journal [SB187 Detail]
Download: Texas-2023-SB187-Engrossed.html
Bill Title: Relating to failure to report assault, neglect, or omission of care in certain group homes; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-23 - Statement(s) of vote recorded in Journal [SB187 Detail]
Download: Texas-2023-SB187-Engrossed.html
By: Miles | S.B. No. 187 |
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relating to failure to report assault, neglect, or omission of care | ||
in certain group homes; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 38, Penal Code, is amended by adding | ||
Section 38.172 to read as follows: | ||
Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR | ||
OMISSION OF CARE IN CERTAIN GROUP HOMES. (a) In this section, | ||
"group home" means an establishment that: | ||
(1) provides, in one or more buildings, lodging to | ||
three or more residents who are unrelated by blood or marriage to | ||
the owner of the establishment; and | ||
(2) provides those residents with community meals, | ||
light housework, meal preparation, transportation, grocery | ||
shopping, money management, laundry services, or assistance with | ||
self-administration of medication but does not provide personal | ||
care services as defined by Section 247.002, Health and Safety | ||
Code. | ||
(b) A person commits an offense if the person: | ||
(1) has reasonable cause to believe that a resident of | ||
a group home has suffered bodily injury due to assault, neglect, or | ||
an omission in care; and | ||
(2) fails to report that fact to law enforcement or the | ||
Department of Family and Protective Services. | ||
(c) It is an exception to the application of this section | ||
that: | ||
(1) the actor is a person who holds a license issued | ||
under Chapter 142, 242, 246, 247, or 252, Health and Safety Code, or | ||
who is exempt from licensing under Section 142.003(a)(19), | ||
242.003(3), or 247.004(4), Health and Safety Code; or | ||
(2) the injury occurs in: | ||
(A) an establishment or facility exempt from | ||
licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), | ||
Health and Safety Code; | ||
(B) a hotel as defined by Section 156.001, Tax | ||
Code; | ||
(C) a retirement community; | ||
(D) a monastery or convent; | ||
(E) a child-care facility as defined by Section | ||
42.002, Human Resources Code; | ||
(F) a family violence shelter center as defined | ||
by Section 51.002, Human Resources Code; or | ||
(G) a sorority or fraternity house or other | ||
dormitory associated with an institution of higher education. | ||
(d) An offense under this section is a state jail felony. | ||
(e) If conduct constituting an offense under this section | ||
also constitutes an offense under any other law, the actor may be | ||
prosecuted under this section, the other law, or both. | ||
SECTION 2. This Act takes effect September 1, 2023. |