Texas Penal Code 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 § 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.
Terms Used In Texas Penal Code 38.172
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Omission: means failure to act. See Texas Penal Code 1.07
- Owner: means a person who:
(A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
(B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07 - Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
(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 § 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 § 142.003(a)(19), 242.003(3), or 247.004(4), Health and Safety Code;
(B) a hotel as defined by § 156.001, Tax Code;
(C) a retirement community;
(D) a monastery or convent;
(E) a child-care facility as defined by § 42.002, Human Resources Code;
(F) a family violence shelter center as defined by § 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.