Texas House Bill HB985

Texas 2011 - 82nd Regular

• Out of House Committee: 5/9/11
• Introduced: 1/28/11
• Refer: 2/28/11
• Report Pass: 5/3/11

Caption

Relating to the abuse, neglect, and exploitation of residents of certain facilities; creating an offense; providing penalties.

Impact

The implications of HB 985 on state law are significant, particularly as it relates to the duty of care that facilities owe to their residents. The legislation not only requires immediate reporting of abuse or neglect but also establishes penalties for those who fail to comply. Specifically, it creates a criminal offense for the failure to report and outlines that individuals who report in good faith are granted immunity from legal repercussions, promoting a safer environment for residents who might otherwise suffer from unreported abuse. Additionally, the bill aims to improve oversight and accountability within facilities by requiring thorough investigations of reported incidents and ensuring that relevant authorities, including local law enforcement, are involved in the investigative processes.

Summary

House Bill 985 seeks to establish comprehensive measures addressing the abuse, neglect, and exploitation of residents within specific facilities in Texas. The bill introduces a new chapter in the Health and Safety Code, which mandates definitions for terms such as abuse, neglect, and exploitation, thereby providing clarity in the enforcement of laws related to resident safety. With the goal of ensuring the protection and welfare of residents, the bill specifies what constitutes abuse and neglect and outlines the responsibilities of facility employees to report such incidents promptly.

Contention

Some potential points of contention surrounding HB 985 could include concerns over the adequacy of resources provided to enforce the new reporting and investigation requirements. There may also be apprehensions regarding the implications for employees within these facilities, who might fear retaliation for reporting suspected abuse. The bill sets forth provisions to protect against such retaliation, yet skepticism may arise concerning how effectively these protections are enforced. Critics may argue that the legislation could inadvertently lead to instances of over-reporting, straining resources and diverting attention from genuine cases requiring intervention.