By: Miles S.B. No. 187
(Reynolds)
A BILL TO BE ENTITLED
AN ACT
relating to failure to report assault, neglect, or omission of care
in certain group homes; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 reasonable cause to believe 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 state jail felony.
(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 2. This Act takes effect September 1, 2023.