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  H.B. No. 3019
 
 
 
 
AN ACT
  relating to the prosecution for the offense of injury to a child,
  elderly individual, or disabled individual.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 22.04(a-1) and (i), Penal Code, are
  amended to read as follows:
         (a-1)  A person commits an offense if the person is an owner,
  operator, or employee of a group home, nursing facility, assisted
  living facility, boarding home facility, intermediate care
  facility for persons with an intellectual or developmental
  disability [mental retardation], or other institutional care
  facility and the person intentionally, knowingly, recklessly, or
  with criminal negligence by omission causes to a child, elderly
  individual, or disabled individual who is a resident of that group
  home or facility:
               (1)  serious bodily injury;
               (2)  serious mental deficiency, impairment, or injury;
  or
               (3)  bodily injury.
         (i)  It is an affirmative defense to prosecution under
  Subsection (b)(2) that before the offense the actor:
               (1)  notified in person the child, elderly individual,
  or disabled individual that the actor [he] would no longer provide
  any of the care described by Subsection (d),[;] and
               [(2)]  notified in writing the parents or a person,
  other than the actor, [himself] acting in loco parentis to the
  child, elderly individual, or disabled individual that the actor 
  [he] would no longer provide any of the care described by Subsection
  (d); or
               (2) [(3)]  notified in writing the Department of Family
  and Protective [and Regulatory] Services that the actor [he] would
  no longer provide any of the care described by [set forth in]
  Subsection (d).
         SECTION 2.  Section 22.04(c)(3), Penal Code, is amended to
  read as follows:
               (3)  "Disabled individual" means a person:
                     (A)  with one or more of the following:
                           (i)  autism spectrum disorder, as defined by
  Section 1355.001, Insurance Code;
                           (ii)  developmental disability, as defined
  by Section 112.042, Human Resources Code;
                           (iii)  intellectual disability, as defined
  by Section 591.003, Health and Safety Code;
                           (iv)  severe emotional disturbance, as
  defined by Section 261.001, Family Code; [or]
                           (v)  traumatic brain injury, as defined by
  Section 92.001, Health and Safety Code; or
                           (vi)  mental illness, as defined by Section
  571.003, Health and Safety Code; or
                     (B)  who otherwise by reason of age or physical or
  mental disease, defect, or injury is substantially unable to
  protect the person's self from harm or to provide food, shelter, or
  medical care for the person's self.
         SECTION 3.  The change in law made by this Act applies 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 4.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3019 was passed by the House on May 6,
  2017, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3019 was passed by the Senate on May
  22, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor