Texas 2011 - 82nd Regular

Texas House Bill HB985 Compare Versions

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1	1	82R24551 NAJ-F
2	2	By: Menendez, Miles, Dukes H.B. No. 985
3	3	Substitute the following for H.B. No. 985:
4	4	By: Hughes C.S.H.B. No. 985
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the abuse, neglect, and exploitation of residents of
10	10	certain facilities; creating an offense; providing penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
13	13	amended by adding Chapter 260 to read as follows:
14	14	CHAPTER 260. REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF
15	15	RESIDENTS OF CERTAIN FACILITIES
16	16	Sec. 260.001. DEFINITIONS. In this chapter:
17	17	(1) "Abuse" means:
18	18	(A) the negligent or wilful infliction of injury,
19	19	unreasonable confinement, intimidation, or cruel punishment with
20	20	resulting physical or emotional harm or pain to a resident by the
21	21	resident's caregiver, family member, or other individual who has an
22	22	ongoing relationship with the resident; or
23	23	(B) sexual abuse of a resident, including any
24	24	involuntary or nonconsensual sexual conduct that would constitute
25	25	an offense under Section 21.08, Penal Code (indecent exposure), or
26	26	Chapter 22, Penal Code (assaultive offenses), committed by the
27	27	resident's caregiver, family member, or other individual who has an
28	28	ongoing relationship with the resident.
29	29	(2) "Department" means the Department of Aging and
30	30	Disability Services.
31	31	(3) "Executive commissioner" means the executive
32	32	commissioner of the Health and Human Services Commission.
33	33	(4) "Exploitation" means the illegal or improper act
34	34	or process of a caregiver, family member, or other individual who
35	35	has an ongoing relationship with the resident using the resources
36	36	of a resident for monetary or personal benefit, profit, or gain
37	37	without the informed consent of the resident.
38	38	(5) "Facility" means:
39	39	(A) an institution as that term is defined by
40	40	Section 242.002; and
41	41	(B) an assisted living facility as that term is
42	42	defined by Section 247.002.
43	43	(6) "Neglect" means the failure to provide for one's
44	44	self the goods or services, including medical services, which are
45	45	necessary to avoid physical or emotional harm or pain or the failure
46	46	of a caregiver to provide such goods or services.
47	47	(7) "Resident" means an individual, including a
48	48	patient, who resides in a facility.
49	49	Sec. 260.002. REPORTING OF ABUSE, NEGLECT, AND
50	50	EXPLOITATION. (a) A person, including an owner or employee of a
51	51	facility, who has cause to believe that the physical or mental
52	52	health or welfare of a resident has been or may be adversely
53	53	affected by abuse, neglect, or exploitation caused by another
54	54	person shall report the abuse, neglect, or exploitation in
55	55	accordance with this chapter.
56	56	(b) Each facility shall require each employee of the
57	57	facility, as a condition of employment with the facility, to sign a
58	58	statement that the employee realizes that the employee may be
59	59	criminally liable for failure to report those abuses.
60	60	(c) A person shall make an oral report immediately on
61	61	learning of the abuse, neglect, or exploitation and shall make a
62	62	written report to the department not later than the fifth day after
63	63	the oral report is made.
64	64	Sec. 260.003. CONTENTS OF REPORT. (a) A report of abuse,
65	65	neglect, or exploitation is nonaccusatory and reflects the
66	66	reporting person's belief that a resident has been or will be
67	67	abused, neglected, or exploited or has died of abuse or neglect.
68	68	(b) The report must contain:
69	69	(1) the name and address of the resident;
70	70	(2) the name and address of the person responsible for
71	71	the care of the resident, if available; and
72	72	(3) other relevant information.
73	73	(c) Except for an anonymous report under Section 260.004, a
74	74	report of abuse, neglect, or exploitation under Section 260.002
75	75	should also include the address or phone number of the person making
76	76	the report so that an investigator can contact the person for any
77	77	necessary additional information. The phone number, address, and
78	78	name of the person making the report must be deleted from any copy
79	79	of any type of report that is released to the public, to the
80	80	facility, or to an owner or agent of the facility.
81	81	Sec. 260.004. ANONYMOUS REPORTS OF ABUSE, NEGLECT, OR
82	82	EXPLOITATION. (a) An anonymous report of abuse, neglect, or
83	83	exploitation, although not encouraged, shall be received and acted
84	84	on in the same manner as an acknowledged report.
85	85	(b) An anonymous report about a specific individual that
86	86	accuses the individual of abuse, neglect, or exploitation need not
87	87	be investigated.
88	88	Sec. 260.005. TELEPHONE HOTLINE; PROCESSING OF REPORTS.
89	89	(a) The department shall operate the department's telephone hotline
90	90	to:
91	91	(1) receive reports of abuse, neglect, or
92	92	exploitation; and
93	93	(2) dispatch investigators.
94	94	(b) A report of abuse, neglect, or exploitation shall be
95	95	made to the department's telephone hotline or to a local or state
96	96	law enforcement agency. A report made relating to abuse, neglect,
97	97	or exploitation or another complaint described by Section
98	98	260.007(c)(1) shall be made to the department's telephone hotline
99	99	and to the law enforcement agency described by Section 260.017(a).
100	100	(c) Except as provided by Section 260.017, a local or state
101	101	law enforcement agency that receives a report of abuse, neglect, or
102	102	exploitation shall refer the report to the department.
103	103	Sec. 260.006. NOTICE. (a) Each facility shall prominently
104	104	and conspicuously post a sign for display in a public area of the
105	105	facility that is readily available to residents, employees, and
106	106	visitors.
107	107	(b) The sign must include the statement: CASES OF SUSPECTED
108	108	ABUSE, NEGLECT, OR EXPLOITATION SHALL BE REPORTED TO THE TEXAS
109	109	DEPARTMENT OF AGING AND DISABILITY SERVICES BY CALLING (insert
110	110	telephone hotline number).
111	111	(c) A facility shall provide the telephone hotline number to
112	112	an immediate family member of a resident of the facility upon the
113	113	resident's admission into the facility.
114	114	Sec. 260.007. INVESTIGATION AND REPORT OF DEPARTMENT. (a)
115	115	The department shall make a thorough investigation after receiving
116	116	an oral or written report of abuse, neglect, or exploitation under
117	117	Section 260.002 or another complaint alleging abuse, neglect, or
118	118	exploitation.
119	119	(b) The primary purpose of the investigation is the
120	120	protection of the resident.
121	121	(c) The department shall begin the investigation:
122	122	(1) within 24 hours after receipt of the report or
123	123	other allegation, if the report of abuse, neglect, exploitation, or
124	124	other complaint alleges that:
125	125	(A) a resident's health or safety is in imminent
126	126	danger;
127	127	(B) a resident has recently died because of
128	128	conduct alleged in the report of abuse, neglect, exploitation, or
129	129	other complaint;
130	130	(C) a resident has been hospitalized or been
131	131	treated in an emergency room because of conduct alleged in the
132	132	report of abuse, neglect, exploitation, or other complaint;
133	133	(D) a resident has been a victim of any act or
134	134	attempted act described by Section 21.02, 21.11, 22.011, or 22.021,
135	135	Penal Code; or
136	136	(E) a resident has suffered bodily injury, as
137	137	that term is defined by Section 1.07, Penal Code, because of conduct
138	138	alleged in the report of abuse, neglect, exploitation, or other
139	139	complaint; or
140	140	(2) before the end of the next working day after the
141	141	date of receipt of the report of abuse, neglect, exploitation, or
142	142	other complaint, if the report or complaint alleges the existence
143	143	of circumstances that could result in abuse, neglect, or
144	144	exploitation and that could place a resident's health or safety in
145	145	imminent danger.
146	146	(d) The department shall adopt rules governing the conduct
147	147	of investigations, including procedures to ensure that the
148	148	complainant and the resident, the resident's next of kin, and any
149	149	person designated to receive information concerning the resident
150	150	receive periodic information regarding the investigation.
151	151	(e) In investigating the report of abuse, neglect,
152	152	exploitation, or other complaint, the investigator for the
153	153	department shall:
154	154	(1) make an unannounced visit to the facility to
155	155	determine the nature and cause of the alleged abuse, neglect, or
156	156	exploitation of the resident;
157	157	(2) interview each available witness, including the
158	158	resident who suffered the alleged abuse, neglect, or exploitation
159	159	if the resident is able to communicate or another resident or other
160	160	witness identified by any source as having personal knowledge
161	161	relevant to the report of abuse, neglect, exploitation, or other
162	162	complaint;
163	163	(3) personally inspect any physical circumstance that
164	164	is relevant and material to the report of abuse, neglect,
165	165	exploitation, or other complaint and that may be objectively
166	166	observed;
167	167	(4) make a photographic record of any injury to a
168	168	resident, subject to Subsection (n); and
169	169	(5) write an investigation report that includes:
170	170	(A) the investigator's personal observations;
171	171	(B) a review of relevant documents and records;
172	172	(C) a summary of each witness statement,
173	173	including the statement of the resident that suffered the alleged
174	174	abuse, neglect, or exploitation and any other resident interviewed
175	175	in the investigation; and
176	176	(D) a statement of the factual basis for the
177	177	findings for each incident or problem alleged in the report or other
178	178	allegation.
179	179	(f) An investigator for an investigating agency shall
180	180	conduct an interview under Subsection (e)(2) in private unless the
181	181	witness expressly requests that the interview not be private.
182	182	(g) Not later than the 30th day after the date the
183	183	investigation is complete, the investigator shall prepare the
184	184	written report required by Subsection (e). The department shall
185	185	make the investigation report available to the public on request
186	186	after the date the department's letter of determination is
187	187	complete. The department shall delete from any copy made available
188	188	to the public:
189	189	(1) the name of:
190	190	(A) any resident, unless the department receives
191	191	written authorization from a resident or the resident's legal
192	192	representative requesting the resident's name be left in the
193	193	report;
194	194	(B) the person making the report of abuse,
195	195	neglect, exploitation, or other complaint; and
196	196	(C) an individual interviewed in the
197	197	investigation; and
198	198	(2) photographs of any injury to the resident.
199	199	(h) In the investigation, the department shall determine:
200	200	(1) the nature, extent, and cause of the abuse,
201	201	neglect, or exploitation;
202	202	(2) the identity of the person responsible for the
203	203	abuse, neglect, or exploitation;
204	204	(3) the names and conditions of the other residents;
205	205	(4) an evaluation of the persons responsible for the
206	206	care of the residents;
207	207	(5) the adequacy of the facility environment; and
208	208	(6) any other information required by the department.
209	209	(i) If the department attempts to carry out an on-site
210	210	investigation and it is shown that admission to the facility or any
211	211	place where the resident is located cannot be obtained, a probate or
212	212	county court shall order the person responsible for the care of the
213	213	resident or the person in charge of a place where the resident is
214	214	located to allow entrance for the interview and investigation.
215	215	(j) Before the completion of the investigation, the
216	216	department shall file a petition for temporary care and protection
217	217	of the resident if the department determines that immediate removal
218	218	is necessary to protect the resident from further abuse, neglect,
219	219	or exploitation.
220	220	(k) The department shall make a complete final written
221	221	report of the investigation and submit the report and its
222	222	recommendations to the district attorney and, if a law enforcement
223	223	agency has not investigated the report of abuse, neglect,
224	224	exploitation, or other complaint, to the appropriate law
225	225	enforcement agency.
226	226	(l) Within 24 hours after receipt of a report of abuse,
227	227	neglect, exploitation, or other complaint described by Subsection
228	228	(c)(1), the department shall report the report or complaint to the
229	229	law enforcement agency described by Section 260.017(a). The
230	230	department shall cooperate with that law enforcement agency in the
231	231	investigation of the report or complaint as described by Section
232	232	260.017.
233	233	(m) The inability or unwillingness of a local law
234	234	enforcement agency to conduct a joint investigation under Section
235	235	260.017 does not constitute grounds to prevent or prohibit the
236	236	department from performing its duties under this chapter. The
237	237	department shall document any instance in which a law enforcement
238	238	agency is unable or unwilling to conduct a joint investigation
239	239	under Section 260.017.
240	240	(n) If the department determines that, before a
241	241	photographic record of an injury to a resident may be made under
242	242	Subsection (e), consent is required under state or federal law, the
243	243	investigator:
244	244	(1) shall seek to obtain any required consent; and
245	245	(2) may not make the photographic record unless the
246	246	consent is obtained.
247	247	Sec. 260.008. CONFIDENTIALITY. A report, record, or
248	248	working paper used or developed in an investigation made under this
249	249	chapter and the name, address, and phone number of any person making
250	250	a report under this chapter are confidential and may be disclosed
251	251	only for purposes consistent with rules adopted by the executive
252	252	commissioner. The report, record, or working paper and the name,
253	253	address, and phone number of the person making the report shall be
254	254	disclosed to a law enforcement agency as necessary to permit the law
255	255	enforcement agency to investigate a report of abuse, neglect,
256	256	exploitation, or other complaint in accordance with Section
257	257	260.017.
258	258	Sec. 260.009. IMMUNITY. (a) A person who reports as
259	259	provided by this chapter is immune from civil or criminal liability
260	260	that, in the absence of the immunity, might result from making the
261	261	report.
262	262	(b) The immunity provided by this section extends to
263	263	participation in any judicial proceeding that results from the
264	264	report.
265	265	(c) This section does not apply to a person who reports in
266	266	bad faith or with malice.
267	267	Sec. 260.010. PRIVILEGED COMMUNICATIONS. In a proceeding
268	268	regarding the abuse, neglect, or exploitation of a resident or the
269	269	cause of any abuse, neglect, or exploitation, evidence may not be
270	270	excluded on the ground of privileged communication except in the
271	271	case of a communication between an attorney and client.
272	272	Sec. 260.011. CENTRAL REGISTRY. (a) The department shall
273	273	maintain in the city of Austin a central registry of reported cases
274	274	of resident abuse, neglect, or exploitation.
275	275	(b) The executive commissioner may adopt rules necessary to
276	276	carry out this section.
277	277	(c) The rules shall provide for cooperation with hospitals
278	278	and clinics in the exchange of reports of resident abuse, neglect,
279	279	or exploitation.
280	280	Sec. 260.012. FAILURE TO REPORT; CRIMINAL PENALTY. (a) A
281	281	person commits an offense if the person has cause to believe that a
282	282	resident's physical or mental health or welfare has been or may be
283	283	further adversely affected by abuse, neglect, or exploitation and
284	284	knowingly fails to report in accordance with Section 260.002.
285	285	(b) An offense under this section is a Class A misdemeanor.
286	286	Sec. 260.013. BAD FAITH, MALICIOUS, OR RECKLESS REPORTING;
287	287	CRIMINAL PENALTY. (a) A person commits an offense if the person
288	288	reports under this chapter in bad faith, maliciously, or
289	289	recklessly.
290	290	(b) An offense under this section is a Class A misdemeanor.
291	291	(c) The criminal penalty provided by this section is in
292	292	addition to any civil penalties for which the person may be liable.
293	293	Sec. 260.014. RETALIATION AGAINST EMPLOYEES PROHIBITED.
294	294	(a) In this section, "employee" means a person who is an employee
295	295	of a facility or any other person who provides services for a
296	296	facility for compensation, including a contract laborer for the
297	297	facility.
298	298	(b) An employee has a cause of action against a facility, or
299	299	the owner or another employee of the facility, that suspends or
300	300	terminates the employment of the person or otherwise disciplines or
301	301	discriminates or retaliates against the employee for reporting to
302	302	the employee's supervisor, an administrator of the facility, a
303	303	state regulatory agency, or a law enforcement agency a violation of
304	304	law, including a violation of Chapter 242 or 247 or a rule adopted
305	305	under Chapter 242 or 247, or for initiating or cooperating in any
306	306	investigation or proceeding of a governmental entity relating to
307	307	care, services, or conditions at the facility.
308	308	(c) The petitioner may recover:
309	309	(1) the greater of $1,000 or actual damages, including
310	310	damages for mental anguish even if an injury other than mental
311	311	anguish is not shown, and damages for lost wages if the petitioner's
312	312	employment was suspended or terminated;
313	313	(2) exemplary damages;
314	314	(3) court costs; and
315	315	(4) reasonable attorney's fees.
316	316	(d) In addition to the amounts that may be recovered under
317	317	Subsection (c), a person whose employment is suspended or
318	318	terminated is entitled to appropriate injunctive relief,
319	319	including, if applicable:
320	320	(1) reinstatement in the person's former position; and
321	321	(2) reinstatement of lost fringe benefits or seniority
322	322	rights.
323	323	(e) The petitioner, not later than the 90th day after the
324	324	date on which the person's employment is suspended or terminated,
325	325	must bring suit or notify the Texas Workforce Commission of the
326	326	petitioner's intent to sue under this section. A petitioner who
327	327	notifies the Texas Workforce Commission under this subsection must
328	328	bring suit not later than the 90th day after the date of the
329	329	delivery of the notice to the commission. On receipt of the notice,
330	330	the commission shall notify the facility of the petitioner's intent
331	331	to bring suit under this section.
332	332	(f) The petitioner has the burden of proof, except that
333	333	there is a rebuttable presumption that the person's employment was
334	334	suspended or terminated for reporting abuse, neglect, or
335	335	exploitation if the person is suspended or terminated within 60
336	336	days after the date on which the person reported in good faith.
337	337	(g) A suit under this section may be brought in the district
338	338	court of the county in which:
339	339	(1) the plaintiff resides;
340	340	(2) the plaintiff was employed by the defendant; or
341	341	(3) the defendant conducts business.
342	342	(h) Each facility shall require each employee of the
343	343	facility, as a condition of employment with the facility, to sign a
344	344	statement that the employee understands the employee's rights under
345	345	this section. The statement must be part of the statement required
346	346	under Section 260.002. If a facility does not require an employee
347	347	to read and sign the statement, the periods under Subsection (e) do
348	348	not apply, and the petitioner must bring suit not later than the
349	349	second anniversary of the date on which the person's employment is
350	350	suspended or terminated.
351	351	Sec. 260.015. RETALIATION AGAINST VOLUNTEERS, RESIDENTS,
352	352	OR FAMILY MEMBERS OR GUARDIANS OF RESIDENTS. (a) A facility may
353	353	not retaliate or discriminate against a volunteer, resident, or
354	354	family member or guardian of a resident because the volunteer,
355	355	resident, resident's family member or guardian, or any other
356	356	person:
357	357	(1) makes a complaint or files a grievance concerning
358	358	the facility;
359	359	(2) reports a violation of law, including a violation
360	360	of Chapter 242 or 247 or a rule adopted under Chapter 242 or 247; or
361	361	(3) initiates or cooperates in an investigation or
362	362	proceeding of a governmental entity relating to care, services, or
363	363	conditions at the facility.
364	364	(b) A volunteer, resident, or family member or guardian of a
365	365	resident who is retaliated or discriminated against in violation of
366	366	Subsection (a) is entitled to sue for:
367	367	(1) injunctive relief;
368	368	(2) the greater of $1,000 or actual damages, including
369	369	damages for mental anguish even if an injury other than mental
370	370	anguish is not shown;
371	371	(3) exemplary damages;
372	372	(4) court costs; and
373	373	(5) reasonable attorney's fees.
374	374	(c) A volunteer, resident, or family member or guardian of a
375	375	resident who seeks relief under this section must report the
376	376	alleged violation not later than the 180th day after the date on
377	377	which the alleged violation of this section occurred or was
378	378	discovered by the volunteer, resident, or family member or guardian
379	379	of the resident through reasonable diligence.
380	380	(d) A suit under this section may be brought in the district
381	381	court of the county in which the facility is located or in a
382	382	district court of Travis County.
383	383	Sec. 260.016. REPORTS RELATING TO DEATHS OF RESIDENTS OF AN
384	384	INSTITUTION. (a) In this section, "institution" has the meaning
385	385	assigned by Section 242.002.
386	386	(b) An institution shall submit a report to the department
387	387	concerning deaths of residents of the institution. The report must
388	388	be submitted within 10 working days after the last day of each month
389	389	in which a resident of the institution dies. The report must also
390	390	include the death of a resident occurring within 24 hours after the
391	391	resident is transferred from the institution to a hospital.
392	392	(c) The institution must make the report on a form
393	393	prescribed by the department. The report must contain the name and
394	394	social security number of the deceased.
395	395	(d) The department shall correlate reports under this
396	396	section with death certificate information to develop data relating
397	397	to the:
398	398	(1) name and age of the deceased;
399	399	(2) official cause of death listed on the death
400	400	certificate;
401	401	(3) date, time, and place of death; and
402	402	(4) name and address of the institution in which the
403	403	deceased resided.
404	404	(e) Except as provided by Subsection (f), a record under
405	405	this section is confidential and not subject to the provisions of
406	406	Chapter 552, Government Code.
407	407	(f) The department shall develop statistical information on
408	408	official causes of death to determine patterns and trends of
409	409	incidents of death among residents and in specific institutions.
410	410	Information developed under this subsection is public.
411	411	(g) A licensed institution shall make available historical
412	412	statistics on all required information on request of an applicant
413	413	or applicant's representative.
414	414	Sec. 260.017. DUTIES OF LAW ENFORCEMENT; JOINT
415	415	INVESTIGATION. (a) The department shall investigate a report of
416	416	abuse, neglect, exploitation, or other complaint described by
417	417	Section 260.007(c)(1) jointly with:
418	418	(1) the municipal law enforcement agency, if the
419	419	facility is located within the territorial boundaries of a
420	420	municipality; or
421	421	(2) the sheriff's department of the county in which the
422	422	facility is located, if the facility is not located within the
423	423	territorial boundaries of a municipality.
424	424	(b) The law enforcement agency described by Subsection (a)
425	425	shall acknowledge the report of abuse, neglect, exploitation, or
426	426	other complaint and begin the joint investigation required by this
427	427	section within 24 hours after receipt of the report or complaint.
428	428	The law enforcement agency shall cooperate with the department and
429	429	report to the department the results of the investigation.
430	430	(c) The requirement that the law enforcement agency and the
431	431	department conduct a joint investigation under this section does
432	432	not require that a representative of each agency be physically
433	433	present during all phases of the investigation or that each agency
434	434	participate equally in each activity conducted in the course of the
435	435	investigation.
436	436	Sec. 260.018. CALL CENTER EVALUATION; REPORT. (a) The
437	437	department, using existing resources, shall test, evaluate, and
438	438	determine the most effective and efficient staffing pattern for
439	439	receiving and processing complaints by expanding customer service
440	440	representatives' hours of availability at the department's
441	441	telephone hotline call center.
442	442	(b) The department shall report the findings of the
443	443	evaluation described by Subsection (a) to the House Committee on
444	444	Human Services and the Senate Committee on Health and Human
445	445	Services not later than September 1, 2012.
446	446	(c) This section expires October 31, 2012.
447	447	SECTION 2. Chapter 2, Code of Criminal Procedure, is
448	448	amended by adding Article 2.271 to read as follows:
449	449	Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING
450	450	ABUSE, NEGLECT, OR EXPLOITATION. Notwithstanding Article 2.27, on
451	451	receipt of a report of abuse, neglect, exploitation, or other
452	452	complaint of a resident of a nursing home, convalescent home, or
453	453	other related institution or an assisted living facility, under
454	454	Section 260.007(c)(1), Health and Safety Code, the appropriate
455	455	local law enforcement agency shall investigate the report as
456	456	required by Section 260.017, Health and Safety Code.
457	457	SECTION 3. Subchapter A, Chapter 242, Health and Safety
458	458	Code, is amended by adding Section 242.018 to read as follows:
459	459	Sec. 242.018. COMPLIANCE WITH CHAPTER 260. (a) An
460	460	institution shall comply with Chapter 260 and the rules adopted
461	461	under that chapter.
462	462	(b) A person, including an owner or employee of an
463	463	institution, shall comply with Chapter 260 and the rules adopted
464	464	under that chapter.
465	465	SECTION 4. Section 242.042(a), Health and Safety Code, is
466	466	amended to read as follows:
467	467	(a) Each institution shall prominently and conspicuously
468	468	post for display in a public area of the institution that is readily
469	469	available to residents, employees, and visitors:
470	470	(1) the license issued under this chapter;
471	471	(2) a sign prescribed by the department that specifies
472	472	complaint procedures established under this chapter or rules
473	473	adopted under this chapter and that specifies how complaints may be
474	474	registered with the department;
475	475	(3) a notice in a form prescribed by the department
476	476	stating that licensing inspection reports and other related reports
477	477	which show deficiencies cited by the department are available at
478	478	the institution for public inspection and providing the
479	479	department's toll-free telephone number that may be used to obtain
480	480	information concerning the institution;
481	481	(4) a concise summary of the most recent inspection
482	482	report relating to the institution;
483	483	(5) notice that the department can provide summary
484	484	reports relating to the quality of care, recent investigations,
485	485	litigation, and other aspects of the operation of the institution;
486	486	(6) notice that the Texas Board of Nursing Facility
487	487	Administrators can provide information about the nursing facility
488	488	administrator;
489	489	(7) any notice or written statement required to be
490	490	posted under Section 242.072(c);
491	491	(8) notice that informational materials relating to
492	492	the compliance history of the institution are available for
493	493	inspection at a location in the institution specified by the sign;
494	494	[and]
495	495	(9) notice that employees, other staff, residents,
496	496	volunteers, and family members and guardians of residents are
497	497	protected from discrimination or retaliation as provided by
498	498	Sections 260.014 and 260.015; and
499	499	(10) a sign required to be posted under Section
500	500	260.006(a) [242.133 and 242.1335].
501	501	SECTION 5. Section 242.0665(b), Health and Safety Code, is
502	502	amended to read as follows:
503	503	(b) Subsection (a) does not apply:
504	504	(1) to a violation that the department determines:
505	505	(A) results in serious harm to or death of a
506	506	resident;
507	507	(B) constitutes a serious threat to the health or
508	508	safety of a resident; or
509	509	(C) substantially limits the institution's
510	510	capacity to provide care;
511	511	(2) to a violation described by Sections
512	512	242.066(a)(2)-(7);
513	513	(3) to a violation of Section 260.014 [242.133] or
514	514	260.015 [242.1335]; or
515	515	(4) to a violation of a right of a resident adopted
516	516	under Subchapter L.
517	517	SECTION 6. Sections 242.848(a) and (b), Health and Safety
518	518	Code, are amended to read as follows:
519	519	(a) For purposes of the duty to report abuse or neglect
520	520	under Section 260.002 [242.122] and the criminal penalty for the
521	521	failure to report abuse or neglect under Section 260.012 [242.131],
522	522	a person who is conducting electronic monitoring on behalf of a
523	523	resident under this subchapter is considered to have viewed or
524	524	listened to a tape or recording made by the electronic monitoring
525	525	device on or before the 14th day after the date the tape or
526	526	recording is made.
527	527	(b) If a resident who has capacity to determine that the
528	528	resident has been abused or neglected and who is conducting
529	529	electronic monitoring under this subchapter gives a tape or
530	530	recording made by the electronic monitoring device to a person and
531	531	directs the person to view or listen to the tape or recording to
532	532	determine whether abuse or neglect has occurred, the person to whom
533	533	the resident gives the tape or recording is considered to have
534	534	viewed or listened to the tape or recording on or before the seventh
535	535	day after the date the person receives the tape or recording for
536	536	purposes of the duty to report abuse or neglect under Section
537	537	260.002 [242.122] and of the criminal penalty for the failure to
538	538	report abuse or neglect under Section 260.012 [242.131].
539	539	SECTION 7. Subchapter A, Chapter 247, Health and Safety
540	540	Code, is amended by adding Section 247.007 to read as follows:
541	541	Sec. 247.007. COMPLIANCE WITH CHAPTER 260. (a) An assisted
542	542	living facility shall comply with Chapter 260 and the rules adopted
543	543	under that chapter.
544	544	(b) A person, including an owner or employee of an assisted
545	545	living facility, shall comply with Chapter 260 and the rules
546	546	adopted under that chapter.
547	547	SECTION 8. Section 247.043(a), Health and Safety Code, is
548	548	amended to read as follows:
549	549	(a) The department shall conduct an investigation in
550	550	accordance with Section 260.007 after receiving a report [a
551	551	preliminary investigation of each allegation] of abuse,
552	552	exploitation, or neglect of a resident of an assisted living
553	553	facility [to determine if there is evidence to corroborate the
554	554	allegation. If the department determines that there is evidence to
555	555	corroborate the allegation, the department shall conduct a thorough
556	556	investigation of the allegation].
557	557	SECTION 9. Section 247.0452(b), Health and Safety Code, is
558	558	amended to read as follows:
559	559	(b) Subsection (a) does not apply:
560	560	(1) to a violation that the department determines
561	561	results in serious harm to or death of a resident;
562	562	(2) to a violation described by Sections
563	563	247.0451(a)(2)-(7) or a violation of Section 260.014 or 260.015;
564	564	(3) to a second or subsequent violation of:
565	565	(A) a right of the same resident under Section
566	566	247.064; or
567	567	(B) the same right of all residents under Section
568	568	247.064; or
569	569	(4) to a violation described by Section 247.066, which
570	570	contains its own right to correct provisions.
571	571	SECTION 10. Section 48.003, Human Resources Code, is
572	572	amended to read as follows:
573	573	Sec. 48.003. INVESTIGATIONS IN NURSING HOMES, ASSISTED
574	574	LIVING FACILITIES, AND SIMILAR FACILITIES. (a) This chapter does
575	575	not apply if the alleged or suspected abuse, neglect, or
576	576	exploitation occurs in a facility licensed under Chapter 242 or
577	577	247, Health and Safety Code.
578	578	(b) Alleged or suspected abuse, neglect, or exploitation
579	579	that occurs in a facility licensed under Chapter 242 or 247, Health
580	580	and Safety Code, is governed by Chapter 260 [Subchapter B, Chapter
581	581	242], Health and Safety Code.
582	582	SECTION 11. Subchapter E, Chapter 242, Health and Safety
583	583	Code, is repealed.
584	584	SECTION 12. (a) The repeal by this Act of Section 242.131,
585	585	Health and Safety Code, does not apply to an offense committed under
586	586	that section before the effective date of this Act. An offense
587	587	committed before the effective date of this Act is governed by that
588	588	section as it existed on the date the offense was committed, and the
589	589	former law is continued in effect for that purpose. For purposes of
590	590	this subsection, an offense was committed before the effective date
591	591	of this Act if any element of the offense occurred before that date.
592	592	(b) The repeal by this Act of Sections 242.133 and 242.1335,
593	593	Health and Safety Code, does not apply to a cause of action that
594	594	accrues before the effective date of this Act. A cause of action
595	595	that accrues before the effective date of this Act is governed by
596	596	Section 242.133 or 242.1335, Health and Safety Code, as applicable,
597	597	as the section existed at the time the cause of action accrued, and
598	598	the former law is continued in effect for that purpose.
599	599	(c) The change in law made by this Act by the repeal of
600	600	Subchapter E, Chapter 242, Health and Safety Code, does not apply to
601	601	a disciplinary action under Subchapter C, Chapter 242, Health and
602	602	Safety Code, for conduct that occurred before the effective date of
603	603	this Act. Conduct that occurs before the effective date of this Act
604	604	is governed by the law as it existed on the date the conduct
605	605	occurred, and the former law is continued in effect for that
606	606	purpose.
607	607	SECTION 13. (a) The Department of Aging and Disability
608	608	Services shall implement Chapter 260, Health and Safety Code, as
609	609	added by this Act, using only existing resources and personnel.
610	610	(b) The Department of Aging and Disability Services shall
611	611	ensure that the services provided on the effective date of this Act
612	612	are at least as comprehensive as the services provided on the day
613	613	before the effective date of this Act.
614	614	SECTION 14. This Act takes effect immediately if it
615	615	receives a vote of two-thirds of all the members elected to each
616	616	house, as provided by Section 39, Article III, Texas Constitution.
617	617	If this Act does not receive the vote necessary for immediate
618	618	effect, this Act takes effect September 1, 2011.