BILL ANALYSIS

S.B. 182

By: Miles

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, there is no requirement for employees or contractors of the Department of Family and Protective Services (DFPS) or the Texas Juvenile Justice Department (TJJD) to report criminal offenses committed by fellow DFPS and TJJD employees against a person receiving services from DFPS or TJJD. S.B. 182 addresses this issue by requiring employees and contractors of both agencies to report known criminal offenses committed by fellow agency employees and contractors against those receiving services from DFPS or TJJD to the Department of Public Safety.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 182 amends the Human Resources Code to require each employee of the Department of Family and Protective Services (DFPS) or Texas Juvenile Justice Department (TJJD), or of a DFPS or TJJD contractor, who becomes aware of conduct constituting a criminal offense engaged in by another department employee or contractor against a person receiving services from the department or a department contractor to report the conduct to the Department of Public Safety. The bill creates a Class A misdemeanor offense for a person who is required to make such a report and knowingly fails to make the report. The bill enhances the penalty to a state jail felony if it is shown on the trial of the offense that the actor intended to hinder an investigation of or conceal the criminal conduct.

EFFECTIVE DATE

September 1, 2023.