Relating to increasing the criminal penalty for the offense of indecent assault against a disabled or elderly individual.
CriticalImmediate action required
Low Cost
Effective:2025-06-20
Enforcing Agencies
Local Law Enforcement Agencies • District Attorneys • Texas Department of Public Safety
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.
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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.
Under current statute, indecent assault against an elderly or disabled individual is punishable by a misdemeanor offense, the same as indecent assault against a member of the general population. The bill author has informed the committee that this punishment structure may not reflect the higher level of risk of harm or exploitation that elderly or disabled individuals face. H.B. 2593 addresses this issue by enhancing the punishment for indecent assault against an elderly or disabled individual.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2593 amends the Penal Code to enhance the penalty for indecent assault from a Class A misdemeanor to a second degree felony if the victim is a disabled individual or an elderly individual. For this purpose, "disabled individual" and "elderly individual" have the meanings assigned to those terms under the offense of injury to a child, elderly individual, or disabled individual.
H.B. 2593 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2593 by Metcalf (Relating to increasing the criminal penalty for the offense of indecent assault against a disabled or elderly individual.), As Introduced
Increasing the penalty for an existing offense may result in increased demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties.
The bill would increase the criminal penalty for the offense of indecent assault from a Class A misdemeanor to a second degree felony if the victim of the offense is a disabled or an elderly individual.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to the lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties.
Local Government Impact
While the fiscal impact cannot be determined, increasing the penalty for an existing offense may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JMc, MGol, AMr, QH
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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 Local Law Enforcement Agencies, District Attorneys 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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