A person must report to law enforcement or the Department of Family and Protective Services if they know a resident of a qualifying group home suffered bodily injury from assault, neglect, or an omission in care.
Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR OMISSION OF CARE IN CERTAIN GROUP HOMES. (a) In this section, "group home" means an establishment that: (1) provides, in one or more buildings, lodging to three or more residents who are unrelated by blood or marriage to the owner of the establishment; and (2) provides those residents with community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication but does not provide personal care services as defined by Section 247.002, Health and Safety Code. (b) A person commits an offense if the person: (1) has actual knowledge that a resident of a group home has suffered bodily injury due to assault, neglect, or an omission in care; and (2) fails to report that fact to law enforcement or the Department of Family and Protective Services. (c) It is an exception to the application of this section that: (1) the actor is a person who holds a license issued under Chapter 142, 242, 246, 247, or 252, Health and Safety Code, or who is exempt from licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), Health and Safety Code; or (2) the injury occurs in: (A) an establishment or facility exempt from licensing under Section 142.003(a)(19), 242.003(3), or 247.004(4), Health and Safety Code; (B) a hotel as defined by Section 156.001, Tax Code; (C) a retirement community; (D) a monastery or convent; (E) a child-care facility as defined by Section 42.002, Human Resources Code; (F) a family violence shelter center as defined by Section 51.002, Human Resources Code; or (G) a sorority or fraternity house or other dormitory associated with an institution of higher education. (d) An offense under this section is a Class A misdemeanor. (e) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. Added by Acts 2023, 88th Leg., R.S., Ch. 1046 (S.B. 189), Sec. 3, eff. September 1, 2023.