The false-report offense already exists, and the new bias enhancement points to the same bias finding that, based on general knowledge of Texas law, already bumps most offenses up one punishment level under the Penal Code. The added text may mostly repeat an increase that already applies, but this overlap comes from general knowledge, not from the bill text.
A prior conviction does it too. The bias bump may repeat one that already applies.
The bill changes the Family Code section that already makes it an offense to knowingly file a false child abuse or neglect report with intent to deceive. It keeps the base level as a state jail felony and raises it to a third-degree felony when the person has a prior conviction under that section, or when the false report was made because of bias or prejudice as described in the Code of Criminal Procedure. People who file false reports of child abuse or neglect motivated by bias could face a higher punishment for offenses committed on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 4480 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 4480 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Dec 12, 2024 and referred to the House Human Services committee. No public hearing. The bill died.
relating to the prosecution and punishment of a criminal offense
relating to making false statements or reports of child abuse or
neglect.
WHAT IT DOES
A prior conviction does it too. The bias bump may repeat one that already applies.
The bill changes the Family Code section that already makes it an offense to knowingly file a false child abuse or neglect report with intent to deceive. It keeps the base level as a state jail felony and raises it to a third-degree felony when the person has a prior conviction under that section, or when the false report was made because of bias or prejudice as described in the Code of Criminal Procedure. People who file false reports of child abuse or neglect motivated by bias could face a higher punishment for offenses committed on or after September 1, 2025.
The false-report offense already exists, and the new bias enhancement points to the same bias finding that, based on general knowledge of Texas law, already bumps most offenses up one punishment level under the Penal Code. The added text may mostly repeat an increase that already applies, but this overlap comes from general knowledge, not from the bill text.
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Human Services · Final status: Died in committee
Subjects
Crimes--Against Persons--Sexual
Family--Child Protection
Minors--Crimes Against
Text
The text as introduced · 271 words
89R5073 MM-D
By: Rosenthal
H.B. No. 1602
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of a criminal offense
relating to making false statements or reports of child abuse or
neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.107(a), Family Code, is amended to
read as follows:
(a) A person commits an offense if, with the intent to
deceive, the person knowingly makes a report as provided in this
chapter that is false. An offense under this subsection is :
(1) a state jail felony ; or
(2) [ unless it is shown on the trial of the offense
that the person has previously been convicted under this section,
in which case the offense is ] a felony of the third degree if it is
shown on the trial of the offense that the person:
(A) has previously been convicted under this
section; or
(B) committed the offense because of bias or
prejudice as described by Article 42.014, Code of Criminal
Procedure .
SECTION 2. Section 261.107(a), Family Code, as amended by
this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act 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 purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2025.