Texas House Bill HB4476

Texas 2019 - 86th Regular

Caption

Relating to civil liability for abuse or exploitation of an elderly person or person with a disability.

Impact

Enactment of HB4476 significantly modifies the Human Resources Code, particularly in relation to civil suites involving elderly individuals and persons with disabilities. It allows successful plaintiffs to not only recover damages but also opens the door for exemplary damages and reasonable attorney fees, thereby potentially increasing the incentive for legal action against perpetrators. The law's retrospective application only to causes of action accruing after its effective date streamlines claims and clarifies the legal landscape for those affected.

Summary

House Bill 4476 addresses the civil liability for the abuse or exploitation of elderly individuals or those with disabilities in Texas. The bill specifically expands the rights of these vulnerable populations by enabling them to pursue legal action against those who abuse or exploit them. Provisions include the ability to recover actual damages, including compensation for mental anguish, highlighting the increased consideration for the emotional suffering of victims without needing to demonstrate physical injury. This marks a notable shift toward greater protections for a demographic that often faces numerous challenges and vulnerabilities.

Contention

While the bill likely enjoys broad support given its focus on protecting vulnerable populations, discussions around its implementation could reveal points of contention regarding the balance between legal recourse and protecting individuals' rights without imposing undue burdens on caregivers or relatives. Critics might raise concerns about ensuring that accusations of abuse do not lead to frivolous lawsuits, potentially complicating relationships among families and caregivers. Nonetheless, the bill underscores a growing recognition of the need for robust protections against abuse in relation to this demographic.