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.
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