83R4374 MCK-F
 
  By: Parker H.B. No. 1205
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of failure to report abuse or neglect of a
  child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.109, Family Code, is amended to read
  as follows:
         Sec. 261.109.  FAILURE TO REPORT; PENALTY. (a) A person
  commits an offense if the person is required to make a report under
  Section 261.101(a) [has cause to believe that a child's physical or
  mental health or welfare has been or may be adversely affected by
  abuse or neglect] and knowingly fails to make a report as provided
  in this chapter.
         (a-1)  A person who is a professional as defined by Section
  261.101(b) commits an offense if the person is required to make a
  report under Section 261.101(b) and knowingly fails to make a
  report as provided in this chapter.
         (b)  An offense under Subsection (a) [this section] 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 child was a
  person with mental retardation who resided in a state supported
  living center, the ICF-MR component of the Rio Grande State Center,
  or a facility licensed under Chapter 252, Health and Safety Code,
  and the actor knew that the child had suffered serious bodily injury
  as a result of the abuse or neglect.
         (c)  An offense under Subsection (a-1) 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 conceal
  the abuse or neglect.
         SECTION 2.  The changes in law made by this Act to Section
  261.109, Family Code, apply only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2013.