| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to creating the criminal offense of abandoning a resident |
|
|
of an assisted living facility during a declared state of disaster |
|
|
or local state of disaster. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 247, Health and Safety |
|
|
Code, is amended by adding Section 247.073 to read as follows: |
|
|
Sec. 247.073. RESIDENT ABANDONMENT DURING DECLARED STATE OF |
|
|
DISASTER; CRIMINAL OFFENSE. (a) In this section, "abandon" means |
|
|
to leave a resident in an assisted living facility without |
|
|
providing reasonable or necessary care to the resident in |
|
|
circumstances under which no reasonable, similarly situated person |
|
|
would leave a resident of that age and ability. |
|
|
(b) A person commits an offense if the person operates an |
|
|
assisted living facility located in a disaster area during a |
|
|
declared state of disaster under Section 418.014, Government Code, |
|
|
or local state of disaster under Section 418.108, Government Code, |
|
|
and abandons a facility resident or authorizes a facility employee |
|
|
to abandon a facility resident. |
|
|
(c) An offense under Subsection (b) is a state jail felony, |
|
|
except the offense is: |
|
|
(1) a felony of the third degree if it is shown on the |
|
|
trial of the offense that the assisted living facility resident |
|
|
suffered bodily injury as a result of the offense; |
|
|
(2) a felony of the second degree if it is shown on the |
|
|
trial of the offense that the resident suffered serious bodily |
|
|
injury as a result of the offense; or |
|
|
(3) a felony of the first degree if it is shown on the |
|
|
trial of the offense that the resident suffered death as a result of |
|
|
the offense. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |