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) 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) 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 an intellectual disability who resided in a state supported living center, the ICF-IID 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.
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