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A BILL TO BE ENTITLED
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AN ACT
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relating to failure to report assault, neglect, or omission of care |
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in certain group homes; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.172 to read as follows: |
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Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR |
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OMISSION OF CARE IN CERTAIN GROUP HOMES. (a) In this section, |
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"group home" means an establishment that: |
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(1) provides, in one or more buildings, lodging to |
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three or more residents who are unrelated by blood or marriage to |
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the owner of the establishment; and |
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(2) provides those residents with community meals, |
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light housework, meal preparation, transportation, grocery |
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shopping, money management, laundry services, or assistance with |
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self-administration of medication but does not provide personal |
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care services as defined by Section 247.002, Health and Safety |
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Code. |
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(b) A person commits an offense if the person: |
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(1) has reasonable cause to believe that a resident of |
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a group home has suffered bodily injury due to assault, neglect, or |
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an omission in care; and |
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(2) fails to report that fact to law enforcement or the |
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Department of Family and Protective Services. |
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(c) It is an exception to the application of this section |
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that: |
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(1) the actor is a person who holds a license issued |
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under Chapter 142, 242, 246, 247, or 252, Health and Safety Code, or |
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who is exempt from licensing under Section 142.003(a)(19), |
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242.003(3), or 247.004(4), Health and Safety Code; or |
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(2) the injury occurs in: |
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(A) an establishment or facility exempt from |
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licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), |
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Health and Safety Code; |
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(B) a hotel as defined by Section 156.001, Tax |
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Code; |
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(C) a retirement community; |
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(D) a monastery or convent; |
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(E) a child-care facility as defined by Section |
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42.002, Human Resources Code; |
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(F) a family violence shelter center as defined |
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by Section 51.002, Human Resources Code; or |
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(G) a sorority or fraternity house or other |
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dormitory associated with an institution of higher education. |
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(d) An offense under this section is a state jail felony. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under any other law, the actor may be |
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prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2023. |