Bill Text: TX SB189 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of a criminal offense concerning the failure of certain persons to report mistreatment of residents of group homes.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB189 Detail]
Download: Texas-2023-SB189-Enrolled.html
S.B. No. 189 |
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relating to the creation of a criminal offense concerning the | ||
failure of certain persons to report mistreatment of residents of | ||
group homes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 260, Health and Safety Code, is amended | ||
by adding Section 260.0091 to read as follows: | ||
Sec. 260.0091. REQUIRED REPORT BY LESSOR OF ABUSE, NEGLECT, | ||
OR EXPLOITATION; CRIMINAL PENALTY. (a) A person commits an offense | ||
if the person: | ||
(1) owns a building that the person leases to another | ||
person who operates a boarding home facility in the building; | ||
(2) has actual knowledge that a resident of the | ||
boarding home facility is being or has been abused, neglected, or | ||
exploited; and | ||
(3) fails to report the abuse, neglect, or | ||
exploitation to the Department of Family and Protective Services | ||
for investigation by that agency. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
SECTION 2. Section 260.010(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Not later than September 30 of each year following the | ||
establishment of a county or municipal permitting requirement under | ||
this chapter, each county or municipality that requires a person to | ||
obtain a boarding home facility permit under Section 260.004 shall | ||
submit to the commission a report. The report must include: | ||
(1) the total number of: | ||
(A) boarding home facilities permitted during | ||
the preceding state fiscal year; | ||
(B) boarding home facility applications denied | ||
permitting, including a summary of cause for denial; and | ||
(C) boarding home facility permits active on | ||
August 31 of the preceding state fiscal year; | ||
(2) the total number of residents reported housed in | ||
each boarding home facility reported; | ||
(3) the total number of inspections conducted at each | ||
boarding home facility by the county or municipality that requires | ||
the permit; [ |
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(4) the total number of permits revoked or suspended | ||
as a result of an inspection described by Subdivision (3) and a | ||
summary of the outcome for the residents displaced by revocation or | ||
suspension of a permit; and | ||
(5) the total number of incidents occurring at each | ||
boarding home facility that required the intervention of a peace | ||
officer as defined by Article 2.12, Code of Criminal Procedure. | ||
SECTION 3. 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 actual knowledge 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 Class A misdemeanor. | ||
(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 4. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 189 passed the Senate on | ||
April 20, 2023, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 26, 2023, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 189 passed the House, with | ||
amendment, on May 23, 2023, by the following vote: Yeas 111, | ||
Nays 35, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |