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HB2593

Regular Session

Relating to increasing the criminal penalty for the offense of indecent assault against a disabled or elderly individual.

Critical
Low Cost
Effective:2025-06-20
HB2593
Relating to increasing the criminal penalty for the offense of indecent assault against a disabled or elderly individual.
Critical Urgency
Passed with Opposition
House Vote124 - 0
YEA
100% in favor124 voting
Senate Vote30 - 1
YEA
97% in favor31 voting
1
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
District AttorneysLocal Law Enforcement AgenciesTexas Department of Public Safety
Primary Author: Rep. William Metcalf
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Note: The bill passed with a supermajority, overriding the standard September 1 date. It is currently active law.)
  • Compliance Deadline: Immediate. HR and Risk Management protocols must be updated today to reflect the felony status of these offenses.
  • Agency Rulemaking: No specific rulemaking is mandated for the penal code change itself; however, expect updated guidance from the Health and Human Services Commission (HHSC) regarding "reportable conduct" for licensed facilities in the coming months.

Immediate Action Plan

  • 1. Issue a Memo: Inform HR and Legal teams that the effective date is June 20, 2025, not September 1.
  • 2. Update Screening: Contact your background check provider to ensure this specific offense code is flagged as a Second Degree Felony in future reports.
  • 3. Audit Vendors: Send a notice to all staffing agencies requiring confirmation that their screening processes account for HB2593.
  • 4. Review Insurance: Verify with your broker that your current liability coverage applies to defense costs for suits arising from employee felony conduct.

Operational Changes Required

Contracts

  • Staffing Agency MSAs: You must amend Master Services Agreements with third-party labor providers (nursing agencies, janitorial, security). Require vendors to certify that their background checks specifically flag Second Degree Felonies under this new statute.
  • Indemnification Clauses: Strengthen indemnification language to cover defense costs explicitly for "felony criminal acts" committed by vendor personnel on your premises.
  • Employment Agreements: Update "Termination for Cause" provisions. Ensure that a *charge* (not just conviction) under this specific statute constitutes grounds for immediate suspension without pay, to the extent permitted by employment laws.

Hiring/Training

  • Background Check Adjudication: Update hiring matrices immediately. If your current policy permits employment despite "misdemeanor assault" history, you must ensure this specific offense is now categorized as a disqualifying felony.
  • Staff Deterrence Training: Retrain front-line staff interacting with vulnerable populations. Explicitly communicate that unwanted contact is no longer a misdemeanor risk—it carries a mandatory prison sentencing range of 2 to 20 years.

Reporting & Record-Keeping

  • Incident Intake Forms: Update internal investigation forms to mandate the recording of the alleged victim's age and disability status at the onset of an allegation. These two data points now determine whether the incident is a misdemeanor or a felony.
  • Investigation Protocols: Shift internal investigation protocols from "HR Misconduct" to "Potential Felony." This triggers immediate preservation of evidence (video, logs) required for criminal prosecution.

Fees & Costs

  • Insurance Premiums: Anticipate potential increases in Employment Practices Liability Insurance (EPLI) and General Liability premiums.
  • Legal Defense: Budget for significantly higher legal retainers. Defending a negligent supervision claim involving a Second Degree Felony is exponentially more expensive than defending against misdemeanor conduct.

Strategic Ambiguities & Considerations

  • Definition of "Disabled": The statute relies on Penal Code § 22.04, which defines disability broadly (mental disease, defect, or physical impairment). It is unclear how "visible" a disability must be for the enhancement to apply. Guidance: Instruct staff to treat *any* infirmity as a trigger for the protected class status.
  • Knowledge Requirement: The law does not explicitly detail the burden of proof regarding the perpetrator's *knowledge* of the victim's disability status. Defense attorneys will likely litigate this ambiguity. Guidance: Do not rely on an employee's claim that they "didn't know" the patient was disabled; the business assumption must be that the status applies.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 7, 2025
Passed House
May 16, 2025
Passed Senate
May 26, 2025
Signed
Jun 20, 2025
TopicsAgingCrimesCrimes--against PersonsCrimes--against Persons--generalDisabilities, Persons WithCrimes--against Persons--sexual
03

House Authors

Rep. William MetcalfRepublican · Primary Author
Joint Authors

Senate Sponsor

Sen. Joan HuffmanRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. William Metcalf

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB2593

Q

What does Texas HB2593 do?

HB2593 is effective immediately, elevating the offense of indecent assault against an elderly or disabled individual from a misdemeanor to a Second Degree Felony. This drastic increase in criminal liability creates a corresponding spike in civil liability exposure for healthcare, long-term care, and service businesses regarding negligent hiring and retention. Employers must immediately treat allegations of this nature as high-level felony risks rather than lower-level misconduct.

Q

Who authored HB2593?

HB2593 was authored by Texas Representative William Metcalf during the Regular Session.

Q

When was HB2593 signed into law?

HB2593 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB2593?

HB2593 is enforced by District Attorneys, Local Law Enforcement Agencies and Texas Department of Public Safety.

Q

How urgent is compliance with HB2593?

The compliance urgency for HB2593 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB2593?

The cost impact of HB2593 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB2593 address?

HB2593 addresses topics including aging, crimes, crimes--against persons, crimes--against persons--general and disabilities, persons with.

Legislative data provided by LegiScanLast updated: November 25, 2025

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