Texas 2023 - 88th Regular

Texas Senate Bill SB189

Filed
11/14/22  
Out of Senate Committee
4/17/23  
Voted on by Senate
4/20/23  
Out of House Committee
5/17/23  
Voted on by House
5/23/23  
Governor Action
6/18/23  

Caption

Relating to the creation of a criminal offense concerning the failure of certain persons to report mistreatment of residents of group homes.

Impact

The enactment of SB 189 would significantly modify existing state laws concerning the responsibilities of landlords of group homes. By compelling landlords to act upon their knowledge of abuse or neglect, the bill seeks to create a more accountable environment for group homes, ultimately ensuring better oversight of these facilities. This change is intended to improve the welfare of residents, often comprising individuals in vulnerable situations that include the elderly, those with disabilities, or other at-risk groups. The bill anticipates that this regulatory update will lead to increased reporting of abusive incidents, resulting in swifter intervention from the appropriate authorities.

Summary

Senate Bill 189 introduces a crucial legal mechanism aimed at enhancing the protection of residents in group homes by establishing a criminal offense for landlords who fail to report known incidents of abuse, neglect, or exploitation. Specifically, the bill mandates that if a landlord has actual knowledge of mistreatment occurring within a group home, they are required to report it to law enforcement or the Department of Family and Protective Services. Failure to do so constitutes a Class A misdemeanor, with the intention of safeguarding vulnerable populations who may not be able to advocate for themselves or report such incidents due to their circumstances.

Sentiment

Overall, the sentiment surrounding SB 189 appears largely positive, with widespread support among lawmakers and advocacy groups focused on the rights and protection of vulnerable individuals. Proponents argue that the bill's provisions are necessary to deter neglect and ensure that those in positions of authority take responsibility for the well-being of residents. However, there are concerns regarding the implications for landlords in terms of legal accountability and the potential burden this could place on property owners, particularly those operating smaller group homes. Nonetheless, the need for better protection mechanisms is a resonant theme in discussions surrounding the bill.

Contention

Notable points of contention in the discussions of SB 189 primarily revolve around the enforcement of the reporting requirement and the penalties associated with non-compliance. Some stakeholders express concern that imposing criminal liability on landlords could have unintended consequences, such as property owners being hesitant to accept residents with a history of abuse or neglect for fear of legal repercussions. Additionally, there is ongoing debate about the adequacy of resources available to effectively monitor and support the implementation of the bill's provisions. Overall, while there is strong support for improving protections for group home residents, the associated responsibilities placed on landlords are a focal point in the legislative discourse.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 260. Boarding Home Facilities
    • Section: 0091
    • Section: New Section
    • Section: 0091
    • Section: 0091
    • Section: 0091
    • Section: 0091

Penal Code

  • Chapter 38. Obstructing Governmental Operation
    • Section: 172

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.