By Davis of Harris                                    H.B. No. 3582
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to criminal penalties for injury to a child, elderly
 1-3     individual, or disabled person.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 22.04, Penal Code, is amended by amending
 1-6     subsections (d), (f) and (g), to read as follows:
 1-7           (d)  The actor has assumed care, custody, or control if he
 1-8     has by act, words, or course of conduct acted so as to cause a
 1-9     reasonable person to conclude that he has accepted responsibility
1-10     for protection, food, shelter, and medical care for a child,
1-11     elderly individual, or disabled individual.  This subsection
1-12     includes, but is not limited to an actor who is an employee of a
1-13     nursing facility licensed under Chapter 242, Health and Safety
1-14     Code, an assisted living facility licensed under Chapter 247,
1-15     Health and Safety Code, or an intermediate care facility for the
1-16     mentally retarded licensed under Chapter 252, Health and Safety
1-17     Code.
1-18           (f)  An offense under Subsection (a)(3) is a felony of the
1-19     second [third] degree when the conduct is committed intentionally
1-20     or knowingly.  When the conduct is engaged in recklessly it shall
1-21     be a felony of the third degree [state jail felony].
1-22           (g)  An offense under Subsection (a) when the person acts
1-23     with criminal negligence shall be a felony of the third degree
 2-1     [state jail felony].
 2-2           SECTION 2.  This Act shall be effective January 1,