| 1 | 1 | | By: Miles S.B. No. 187 |
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| 2 | 2 | | (Reynolds) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to failure to report assault, neglect, or omission of care |
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| 8 | 8 | | in certain group homes; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 38, Penal Code, is amended by adding |
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| 11 | 11 | | Section 38.172 to read as follows: |
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| 12 | 12 | | Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR |
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| 13 | 13 | | OMISSION OF CARE IN CERTAIN GROUP HOMES. (a) In this section, |
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| 14 | 14 | | "group home" means an establishment that: |
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| 15 | 15 | | (1) provides, in one or more buildings, lodging to |
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| 16 | 16 | | three or more residents who are unrelated by blood or marriage to |
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| 17 | 17 | | the owner of the establishment; and |
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| 18 | 18 | | (2) provides those residents with community meals, |
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| 19 | 19 | | light housework, meal preparation, transportation, grocery |
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| 20 | 20 | | shopping, money management, laundry services, or assistance with |
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| 21 | 21 | | self-administration of medication but does not provide personal |
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| 22 | 22 | | care services as defined by Section 247.002, Health and Safety |
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| 23 | 23 | | Code. |
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| 24 | 24 | | (b) A person commits an offense if the person: |
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| 25 | 25 | | (1) has reasonable cause to believe that a resident of |
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| 26 | 26 | | a group home has suffered bodily injury due to assault, neglect, or |
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| 27 | 27 | | an omission in care; and |
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| 28 | 28 | | (2) fails to report that fact to law enforcement or the |
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| 29 | 29 | | Department of Family and Protective Services. |
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| 30 | 30 | | (c) It is an exception to the application of this section |
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| 31 | 31 | | that: |
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| 32 | 32 | | (1) the actor is a person who holds a license issued |
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| 33 | 33 | | under Chapter 142, 242, 246, 247, or 252, Health and Safety Code, or |
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| 34 | 34 | | who is exempt from licensing under Section 142.003(a)(19), |
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| 35 | 35 | | 242.003(3), or 247.004(4), Health and Safety Code; or |
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| 36 | 36 | | (2) the injury occurs in: |
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| 37 | 37 | | (A) an establishment or facility exempt from |
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| 38 | 38 | | licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), |
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| 39 | 39 | | Health and Safety Code; |
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| 40 | 40 | | (B) a hotel as defined by Section 156.001, Tax |
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| 41 | 41 | | Code; |
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| 42 | 42 | | (C) a retirement community; |
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| 43 | 43 | | (D) a monastery or convent; |
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| 44 | 44 | | (E) a child-care facility as defined by Section |
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| 45 | 45 | | 42.002, Human Resources Code; |
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| 46 | 46 | | (F) a family violence shelter center as defined |
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| 47 | 47 | | by Section 51.002, Human Resources Code; or |
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| 48 | 48 | | (G) a sorority or fraternity house or other |
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| 49 | 49 | | dormitory associated with an institution of higher education. |
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| 50 | 50 | | (d) An offense under this section is a state jail felony. |
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| 51 | 51 | | (e) If conduct constituting an offense under this section |
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| 52 | 52 | | also constitutes an offense under any other law, the actor may be |
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| 53 | 53 | | prosecuted under this section, the other law, or both. |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2023. |
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