Failure to Provide Notice and Report of Death of Resident of Institution: Texas Penal Code §38.19

The Texas Failure to Provide Notice and Report of Death of Resident of Institution law makes it illegal for a superintendent or general manager of a health care facility to fail to properly report the death of someone who is a resident of their institution.

The Texas legislature codified this criminal offense in Texas Penal Code Section 38.19. The legislature did not update this law in 2023. In fact, this law has not been amended since 2003.

The Penal Code classifies the Texas Failure to Provide Notice and Report of Death of Resident of Institution law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Failure to Provide Notice and Report of Death of Resident of Institution below.

What is the current Texas law about Failure to Provide Notice and Report of Death of Resident of Institution?

Texas law currently defines the offense of Failure to Provide Notice and Report of Death of Resident of Institution in Penal Code Section §38.19 as follows:^[1]

(a) A superintendent or general manager of an institution commits an offense if, as required by Article 49.24 or 49.25, Code of Criminal Procedure, the person fails to:

(1) provide notice of the death of an individual under the care, custody, or control of or residing in the institution;

(2) submit a report on the death of the individual; or

(3) include in the report material facts known or discovered by the person at the time the report was filed.

Article 49.24 refers to institutions defined in Chapter 49 of the Code of Criminal Procedure, where institutions are defined as “any place where health care services are rendered, including a hospital, clinic, health facility, nursing home, extended-care facility, out-patient facility, foster-care facility, and retirement home.”^[2]

How can I be charged with a Failure to Provide Notice and Report of Death of Resident of Institution offense in Texas?

You can be charged with Failure to Provide Notice and Report of Death of Resident of Institution in Texas if the state’s attorneys believe that each of the elements of 38.19(a) as described in the section above have been met.

What is the statute of limitation for Failure to Provide Notice and Report of Death of Resident of Institution in Texas?

As a misdemeanor, Failure to Provide Notice and Report of Death of Resident of Institution charges have a two-year limitations period.^[3]

What is the penalty for a Texas Failure to Provide Notice and Report of Death of Resident of Institution offense?

A conviction for Failure to Provide Notice and Report of Death of Resident of Institution in Texas is punished as a Class B misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

Can you get probation for Failure to Provide Notice and Report of Death of Resident of Institution in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Failure to Provide Notice and Report of Death of Resident of Institution, and judges are also allowed to accept deferred adjudication plea deals.^[5]

What level of crime is Failure to Provide Notice and Report of Death of Resident of Institution in Texas?

The Penal Code classifies Failure to Provide Notice and Report of Death of Resident of Institution as a Class B misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §38.19. This law is current as of 2024.^2. Texas Code of Criminal Procedure Article 49.01(4)^3. See Code of Criminal Procedure 12.02(a)^4. Texas Penal Code §38.19(b)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102