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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 5, eff. June 11, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 290 (H.B. 1205), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.126, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 261 - Investigation of Report of Child Abuse or Neglect
Subchapter B. Report of Abuse or Neglect; Immunities
Section 261.101. Persons Required to Report; Time to Report
Section 261.102. Matters to Be Reported
Section 261.103. Report Made to Appropriate Agency
Section 261.104. Contents of Report
Section 261.105. Referral of Report by Department or Law Enforcement
Section 261.1055. Notification of District Attorneys
Section 261.107. False Report; Criminal Penalty; Civil Penalty
Section 261.108. Frivolous Claims Against Person Reporting
Section 261.109. Failure to Report; Penalty
Section 261.110. Employer Retaliation Prohibited
Section 261.111. Refusal of Psychiatric or Psychological Treatment of Child