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AN ACT
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relating to the creation of a criminal offense concerning the |
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failure of certain persons to report mistreatment of residents of |
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group homes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 260, Health and Safety Code, is amended |
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by adding Section 260.0091 to read as follows: |
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Sec. 260.0091. REQUIRED REPORT BY LESSOR OF ABUSE, NEGLECT, |
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OR EXPLOITATION; CRIMINAL PENALTY. (a) A person commits an offense |
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if the person: |
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(1) owns a building that the person leases to another |
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person who operates a boarding home facility in the building; |
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(2) has actual knowledge that a resident of the |
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boarding home facility is being or has been abused, neglected, or |
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exploited; and |
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(3) fails to report the abuse, neglect, or |
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exploitation to the Department of Family and Protective Services |
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for investigation by that agency. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 2. Section 260.010(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Not later than September 30 of each year following the |
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establishment of a county or municipal permitting requirement under |
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this chapter, each county or municipality that requires a person to |
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obtain a boarding home facility permit under Section 260.004 shall |
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submit to the commission a report. The report must include: |
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(1) the total number of: |
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(A) boarding home facilities permitted during |
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the preceding state fiscal year; |
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(B) boarding home facility applications denied |
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permitting, including a summary of cause for denial; and |
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(C) boarding home facility permits active on |
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August 31 of the preceding state fiscal year; |
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(2) the total number of residents reported housed in |
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each boarding home facility reported; |
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(3) the total number of inspections conducted at each |
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boarding home facility by the county or municipality that requires |
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the permit; [and] |
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(4) the total number of permits revoked or suspended |
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as a result of an inspection described by Subdivision (3) and a |
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summary of the outcome for the residents displaced by revocation or |
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suspension of a permit; and |
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(5) the total number of incidents occurring at each |
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boarding home facility that required the intervention of a peace |
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officer as defined by Article 2.12, Code of Criminal Procedure. |
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SECTION 3. 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 actual knowledge that a resident of a group |
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home has suffered bodily injury due to assault, neglect, or an |
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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 Class A misdemeanor. |
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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 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 189 passed the Senate on |
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April 20, 2023, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 26, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 189 passed the House, with |
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amendment, on May 23, 2023, by the following vote: Yeas 111, |
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Nays 35, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |