Texas Senate Bill SB277

Texas 2009 - 81st Regular

• Filed: 11/12/08
• Out of Senate Committee: 3/17/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 5/20/09

Caption

Relating to the Department of Family and Protective Services, including protective services and investigations of alleged abuse, neglect, or exploitation for certain adults who are elderly or disabled; providing a criminal penalty.

Impact

If implemented, SB277 would significantly alter how Texas handles cases involving abuse and neglect of elderly and disabled persons. By allowing DFPS to bypass certain privacy barriers for financial records during investigations, the bill could lead to more thorough and timely assessments of suspect cases. Furthermore, the establishment of specific legal procedures enables DFPS to act swiftly in scenarios where a person's immediate safety is at risk. The legislation also reinforces penalties for knowingly reporting false information regarding investigations, thus aiming to discourage frivolous or malicious claims that could undermine the protective services process.

Summary

SB277 aims to enhance the protections available to elderly or disabled individuals by updating the procedures governing the Department of Family and Protective Services (DFPS). This bill specifically addresses the investigation of alleged abuse, neglect, or exploitation against these vulnerable populations. It creates clearer guidelines for how DFPS can engage with financial institutions to retrieve records necessary for ensuring the safety of these individuals, thus facilitating a more efficient investigative process. Moreover, the bill stipulates that the department can access essential information without obtaining prior consent if it is in the best interest of the alleged victim's safety and welfare.

Contention

Despite the potential benefits, there may be concerns about the implications for individual privacy and the advocacy for vulnerable populations. Critics may argue that increasing authority for government agencies like DFPS could lead to overreach, where safeguards against wrongful intrusions into personal privacy are compromised under the guise of protecting the elderly and disabled. Therefore, the balance between necessary protective action and the rights of individuals is likely to be a significant point of debate as the bill progresses through the legislative process.