89R8427 MCF-D
By: Middleton S.B. No. 1800
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of abandoning a resident
of an assisted living facility during a declared state of disaster
or local state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.073 to read as follows:
Sec. 247.073. RESIDENT ABANDONMENT DURING DECLARED STATE OF
DISASTER; CRIMINAL OFFENSE. (a) In this section, "abandon" means
to leave a resident in an assisted living facility without
providing reasonable or necessary care to the resident in
circumstances under which no reasonable, similarly situated person
would leave a resident of that age and ability.
(b) A person commits an offense if the person operates an
assisted living facility located in a disaster area during a
declared state of disaster under Section 418.014, Government Code,
or local state of disaster under Section 418.108, Government Code,
and abandons a facility resident or authorizes a facility employee
to abandon a facility resident.
(c) An offense under Subsection (b) is a state jail felony,
except the offense is:
(1) a felony of the third degree if it is shown on the
trial of the offense that the assisted living facility resident
suffered bodily injury as a result of the offense;
(2) a felony of the second degree if it is shown on the
trial of the offense that the resident suffered serious bodily
injury as a result of the offense; or
(3) a felony of the first degree if it is shown on the
trial of the offense that the resident suffered death as a result of
the offense.
SECTION 2. This Act takes effect September 1, 2025.