Section 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.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 1.126, eff. 4/2/2015.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 290,Sec. 1, eff. 9/1/2013.Amended By Acts 2009, 81st Leg., R.S., Ch. 284, Sec. 5, eff. 6/11/2009.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. 4/20/1995.