SB 1800

relating to creating the criminal offense of abandoning a resident
of an assisted living facility during a declared state of disaster
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.073 to read as follows:
Sec. 247.073.  RESIDENT ABANDONMENT DURING DECLARED STATE OF
DISASTER; CRIMINAL OFFENSE.  (a)  In this section, "abandon" means
to leave a resident in an assisted living facility without
providing reasonable or necessary care to the resident in
circumstances under which no reasonable, similarly situated person
would leave a resident of that age and ability.
(b)  A person commits an offense if the person operates an
assisted living facility located in a disaster area during a
declared state of disaster under Section 418.014, Government Code,
or local state of disaster under Section 418.108, Government Code,
and abandons a facility resident or authorizes a facility employee
to abandon a facility resident.
(c)  An offense under Subsection (b) is a state jail felony,
(1)  a felony of the third degree if it is shown on the
trial of the offense that the assisted living facility resident
suffered bodily injury as a result of the offense;
(2)  a felony of the second degree if it is shown on the
trial of the offense that the resident suffered serious bodily
injury as a result of the offense; or
(3)  a felony of the first degree if it is shown on the
trial of the offense that the resident suffered death as a result of
SECTION 2.  This Act takes effect September 1, 2025.