Texas 2023 - 88th Regular

Texas House Bill HB2187

Filed
2/10/23  
Out of House Committee
5/3/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to the criminal offense of abandoning or endangering a child, elderly individual, or disabled individual.

Impact

If enacted, HB 2187 will amend existing provisions in the penal code, adding specific protections for elderly and disabled individuals in situations where they might be abandoned or placed in harm's way. The legislation is expected to lead to increased accountability for those in caregiving roles, stipulating that abandonment or endangerment of these individuals will carry legal consequences similar to those for minors. This change reflects a growing recognition of the need to safeguard vulnerable populations beyond just children.

Summary

House Bill 2187 aims to expand the protections within Texas penal law to include elderly individuals and disabled persons in the definitions of abandonment and endangerment, which previously were only applicable to children. The bill seeks to ensure that individuals who abandon or recklessly endanger these vulnerable populations are held accountable under criminal law. It reinforces the state's commitment to protecting not only children but also elderly and disabled individuals who may be at risk due to their dependability on caregivers or family members.

Sentiment

The sentiment around HB 2187 appears to be largely positive among legislative supporters, who view the bill as a necessary step toward enhancing protections for those who are particularly vulnerable. Advocates argue that it addresses a significant gap in the existing law, which inadequately protected elderly and disabled individuals in similar situations to those faced by children. However, there may be some concern about the implications for caregivers and an emphasis on ensuring that necessary support is provided for these groups without penal consequences for caregivers acting in good faith.

Contention

Notably, the primary contention regarding HB 2187 revolves around its broader implications for caregiving practices. Critics may raise concerns about how the law will interface with family obligations and the potential for excessive liability against caregivers in situations that stem from genuine difficulties rather than negligence. Ensuring that the law serves its protective purpose without creating undue fear among caregivers will likely be a focal point in the continued discussion surrounding the bill's implications.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 12. Limitation
    • Section: New Section
    • Section: New Section
    • Section: New Section

Family Code

  • Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
    • Section: 302
    • Section: 302

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 102
    • Section: 102
    • Section: 1022
    • Section: 102

Estates Code

  • Chapter 201. Descent And Distribution
    • Section: New Section
    • Section: New Section

Occupations Code

  • Chapter 301. Nurses
    • Section: 4535

Companion Bills

No companion bills found.

Similar Bills

TX HB2874

Relating to the criminal offense of abandoning or endangering a child, elderly individual, or disabled individual.

UT HB0226

Criminal Amendments

TX HB1581

Relating to the criminal offense of abandoning or endangering a child, elderly individual, or disabled individual.

ND HB1206

The special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances and to driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor; to provide a penalty; and to provide for application.

MI SB0142

Mental health: other; recipient rights advisory committee membership; modify. Amends secs. 100d & 756 of 1974 PA 258 (MCL 330.1100d & 330.1756).

MI HB4218

Mental health: other; recipient rights advisory committee membership; modify. Amends secs. 100d & 756 of 1974 PA 258 (MCL 330.1100d & 330.1756).

US HB372

Drug Testing for Welfare Recipients ActThis bill requires states participating in the Temporary Assistance for Needy Families program, the Supplemental Nutrition Assistance Program, and specified public housing programs to subject applicants to substance abuse testing or screening and to deny benefits for individuals who test positive for a controlled substance.Specifically, states administering these programs must determine whether an adult applicant for benefits has been arrested for a drug-related offense within the past five years. Applicants who have been arrested for such an offense must be tested for at least one controlled substance and must test negative to receive benefits. Applicants who have not been arrested for such an offense must be screened (via an interview, questionnaire, or other instrument) for risk of substance abuse. Applicants determined to be at high risk for substance abuse must be tested for at least one controlled substance and must test negative to receive benefits. Applicants who are determined not to be at high risk do not have to undergo testing. Applicants who test positive for a controlled substance at any point during this process are ineligible for benefits for one year, until they complete a treatment program, or until they test negative for the substance, whichever is later. Family members and households of individuals disqualified from receiving benefits under these provisions may generally continue to receive support.States that fail to enforce these provisions are subject to reduced federal funding for these programs the following fiscal year. 

WV SB655

Providing limited immunity for mental health providers who are involved in mental hygiene checks