1-1 By: Zaffirini S.B. No. 61
1-2 (In the Senate - Filed November 12, 1996; January 14, 1997,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 5, 1997, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; March 5, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the penalty for failure to report abuse of persons who
1-9 are elderly or disabled.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 48.0361, Human Resources
1-12 Code, is amended to read as follows:
1-13 (a) A person commits an offense if the person has cause to
1-14 believe that an elderly or disabled person has been abused,
1-15 exploited, or neglected or is in the state of abuse, exploitation,
1-16 or neglect and knowingly fails to report in accordance with Section
1-17 48.036 or Subchapter E. An offense under this subsection is a
1-18 Class A [B] misdemeanor.
1-19 SECTION 2. (a) The change in law made by this Act applies
1-20 only to the punishment for an offense committed on or after the
1-21 effective date of this Act. For purposes of this section, an
1-22 offense is committed before the effective date of this Act if any
1-23 element of the offense occurs before the effective date.
1-24 (b) An offense committed before the effective date of this
1-25 Act is covered by the law in effect when the offense was committed,
1-26 and the former law is continued in effect for that purpose.
1-27 SECTION 3. This Act takes effect September 1, 1997.
1-28 SECTION 4. The importance of this legislation and the
1-29 crowded condition of the calendars in both houses create an
1-30 emergency and an imperative public necessity that the
1-31 constitutional rule requiring bills to be read on three several
1-32 days in each house be suspended, and this rule is hereby suspended.
1-33 * * * * *