Texas House Bill HB2187

Texas 2023 - 88th Regular

• 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