| 1 | 1 | | 89R8427 MCF-D |
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| 2 | 2 | | By: Middleton S.B. No. 1800 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to creating the criminal offense of abandoning a resident |
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| 10 | 10 | | of an assisted living facility during a declared state of disaster |
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| 11 | 11 | | or local state of disaster. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter D, Chapter 247, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 247.073 to read as follows: |
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| 15 | 15 | | Sec. 247.073. RESIDENT ABANDONMENT DURING DECLARED STATE OF |
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| 16 | 16 | | DISASTER; CRIMINAL OFFENSE. (a) In this section, "abandon" means |
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| 17 | 17 | | to leave a resident in an assisted living facility without |
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| 18 | 18 | | providing reasonable or necessary care to the resident in |
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| 19 | 19 | | circumstances under which no reasonable, similarly situated person |
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| 20 | 20 | | would leave a resident of that age and ability. |
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| 21 | 21 | | (b) A person commits an offense if the person operates an |
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| 22 | 22 | | assisted living facility located in a disaster area during a |
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| 23 | 23 | | declared state of disaster under Section 418.014, Government Code, |
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| 24 | 24 | | or local state of disaster under Section 418.108, Government Code, |
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| 25 | 25 | | and abandons a facility resident or authorizes a facility employee |
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| 26 | 26 | | to abandon a facility resident. |
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| 27 | 27 | | (c) An offense under Subsection (b) is a state jail felony, |
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| 28 | 28 | | except the offense is: |
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| 29 | 29 | | (1) a felony of the third degree if it is shown on the |
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| 30 | 30 | | trial of the offense that the assisted living facility resident |
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| 31 | 31 | | suffered bodily injury as a result of the offense; |
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| 32 | 32 | | (2) a felony of the second degree if it is shown on the |
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| 33 | 33 | | trial of the offense that the resident suffered serious bodily |
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| 34 | 34 | | injury as a result of the offense; or |
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| 35 | 35 | | (3) a felony of the first degree if it is shown on the |
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| 36 | 36 | | trial of the offense that the resident suffered death as a result of |
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| 37 | 37 | | the offense. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2025. |
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