BILL ANALYSIS

Senate Research Center	C.S.S.B. 182
88R19392 MCK-D	By: Miles
	Health & Human Services
	3/23/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

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 Texas Department of Public Safety.

S.B. 182 did not clearly address the penalty associated with failing to report. The committee substitute addresses these concerns by creating a Class A misdemeanor for failing to report, and an elevated penalty of a state jail felony for intending to hinder an investigation into or conceal the criminal conduct.

C.S.S.B. 182 amends current law relating to the required report of criminal offenses committed against individuals receiving certain state agency services, and creates a criminal offense.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 40, Human Resources Code, by adding Section 40.082, as follows:

Sec. 40.082. REPORT OF CRIMINAL CONDUCT; PENALTY. (a) Requires each employee of the Department of Family and Protective Services (DFPS) or of a DFPS contractor who becomes aware of conduct constituting a criminal offense engaged in by another employee of DFPS or by a DFPS contractor against a person receiving services from DFPS or a DFPS contractor to report the conduct to the Department of Public Safety of the State of Texas (DPS).

(b) Provides that a person commits an offense if the person is required to make a report under Subsection (a) and knowingly fails to make the report.

(c) Provides that an offense under Subsection (b) is a Class A misdemeanor, except that the offense is 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 described by Subsection (a).

SECTION 2. Amends Chapter 203, Human Resources Code, by adding Section 203.020, as follows:

Sec. 203.020. REPORT OF CRIMINAL CONDUCT; PENALTY. (a) Requires each employee of the Texas Juvenile Justice Department (TJJD) or of a TJJD contractor who becomes aware of conduct constituting a criminal offense engaged in by another employee of TJJD or by a TJJD contractor against a person receiving services from TJJD or a TJJD contractor to report the conduct to DPS.

(b) Provides that a person commits an offense if the person is required to make a report under Subsection (a) and knowingly fails to make the report.

(c) Provides that an offense under Subsection (b) is a Class A misdemeanor, except that the offense is 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 described by Subsection (a).

SECTION 3. Effective date: September 1, 2023.