Texas 2023 - 88th Regular

Texas Senate Bill SB189 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 189
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of a criminal offense concerning the
6	6	failure of certain persons to report mistreatment of residents of
7	7	group homes.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 260, Health and Safety Code, is amended
10	10	by adding Section 260.0091 to read as follows:
11	11	Sec. 260.0091. REQUIRED REPORT BY LESSOR OF ABUSE, NEGLECT,
12	12	OR EXPLOITATION; CRIMINAL PENALTY. (a) A person commits an offense
13	13	if the person:
14	14	(1) owns a building that the person leases to another
15	15	person who operates a boarding home facility in the building;
16	16	(2) has actual knowledge that a resident of the
17	17	boarding home facility is being or has been abused, neglected, or
18	18	exploited; and
19	19	(3) fails to report the abuse, neglect, or
20	20	exploitation to the Department of Family and Protective Services
21	21	for investigation by that agency.
22	22	(b) An offense under this section is a Class A misdemeanor.
23	23	SECTION 2. Section 260.010(a), Health and Safety Code, is
24	24	amended to read as follows:
25	25	(a) Not later than September 30 of each year following the
26	26	establishment of a county or municipal permitting requirement under
27	27	this chapter, each county or municipality that requires a person to
28	28	obtain a boarding home facility permit under Section 260.004 shall
29	29	submit to the commission a report. The report must include:
30	30	(1) the total number of:
31	31	(A) boarding home facilities permitted during
32	32	the preceding state fiscal year;
33	33	(B) boarding home facility applications denied
34	34	permitting, including a summary of cause for denial; and
35	35	(C) boarding home facility permits active on
36	36	August 31 of the preceding state fiscal year;
37	37	(2) the total number of residents reported housed in
38	38	each boarding home facility reported;
39	39	(3) the total number of inspections conducted at each
40	40	boarding home facility by the county or municipality that requires
41	41	the permit; [and]
42	42	(4) the total number of permits revoked or suspended
43	43	as a result of an inspection described by Subdivision (3) and a
44	44	summary of the outcome for the residents displaced by revocation or
45	45	suspension of a permit; and
46	46	(5) the total number of incidents occurring at each
47	47	boarding home facility that required the intervention of a peace
48	48	officer as defined by Article 2.12, Code of Criminal Procedure.
49	49	SECTION 3. Chapter 38, Penal Code, is amended by adding
50	50	Section 38.172 to read as follows:
51	51	Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR
52	52	OMISSION OF CARE IN CERTAIN GROUP HOMES. (a) In this section,
53	53	"group home" means an establishment that:
54	54	(1) provides, in one or more buildings, lodging to
55	55	three or more residents who are unrelated by blood or marriage to
56	56	the owner of the establishment; and
57	57	(2) provides those residents with community meals,
58	58	light housework, meal preparation, transportation, grocery
59	59	shopping, money management, laundry services, or assistance with
60	60	self-administration of medication but does not provide personal
61	61	care services as defined by Section 247.002, Health and Safety
62	62	Code.
63	63	(b) A person commits an offense if the person:
64	64	(1) has actual knowledge that a resident of a group
65	65	home has suffered bodily injury due to assault, neglect, or an
66	66	omission in care; and
67	67	(2) fails to report that fact to law enforcement or the
68	68	Department of Family and Protective Services.
69	69	(c) It is an exception to the application of this section
70	70	that:
71	71	(1) the actor is a person who holds a license issued
72	72	under Chapter 142, 242, 246, 247, or 252, Health and Safety Code, or
73	73	who is exempt from licensing under Section 142.003(a)(19),
74	74	242.003(3), or 247.004(4), Health and Safety Code; or
75	75	(2) the injury occurs in:
76	76	(A) an establishment or facility exempt from
77	77	licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4),
78	78	Health and Safety Code;
79	79	(B) a hotel as defined by Section 156.001, Tax
80	80	Code;
81	81	(C) a retirement community;
82	82	(D) a monastery or convent;
83	83	(E) a child-care facility as defined by Section
84	84	42.002, Human Resources Code;
85	85	(F) a family violence shelter center as defined
86	86	by Section 51.002, Human Resources Code; or
87	87	(G) a sorority or fraternity house or other
88	88	dormitory associated with an institution of higher education.
89	89	(d) An offense under this section is a Class A misdemeanor.
90	90	(e) If conduct constituting an offense under this section
91	91	also constitutes an offense under any other law, the actor may be
92	92	prosecuted under this section, the other law, or both.
93	93	SECTION 4. This Act takes effect September 1, 2023.
94	94	______________________________ ______________________________
95	95	President of the Senate Speaker of the House
96	96	I hereby certify that S.B. No. 189 passed the Senate on
97	97	April 20, 2023, by the following vote: Yeas 31, Nays 0; and that
98	98	the Senate concurred in House amendment on May 26, 2023, by the
99	99	following vote: Yeas 31, Nays 0.
100	100	______________________________
101	101	Secretary of the Senate
102	102	I hereby certify that S.B. No. 189 passed the House, with
103	103	amendment, on May 23, 2023, by the following vote: Yeas 111,
104	104	Nays 35, one present not voting.
105	105	______________________________
106	106	Chief Clerk of the House
107	107	Approved:
108	108	______________________________
109	109	Date
110	110	______________________________
111	111	Governor