Texas House Bill HB2323

Texas 2013 - 83rd Regular

Caption

Relating to the extension of an emergency order for protective services for certain persons who are elderly or have disabilities.

Impact

The bill significantly impacts the Human Resources Code by amending Section 48.208(e-2), allowing courts to extend emergency orders for protective services beyond the original expiration date when justifiable. These extensions are capped at no more than two additional 30-day periods. This change is intended to enhance the ability of courts to respond dynamically to cases requiring ongoing protective measures for elderly and disabled individuals, reinforcing the state's commitment to safeguarding its vulnerable populations.

Summary

House Bill 2323 focuses on modifying the provisions relating to the emergency order for protective services designed for individuals who are elderly or have disabilities. The bill allows for the extension of such emergency orders under specified conditions, ensuring that vulnerable individuals receive continuous protection when needed. The modifications made in the bill are particularly relevant in the context of providing timely support to those who may be incapacitated or at risk of harm.

Contention

While the bill generally aims to protect disabled and elderly individuals, there may be discussions surrounding the balance of judicial discretion and the rights of individuals under protective orders. Some advocates may express concern over the potential for extended orders to infringe on personal freedoms, while others will argue for the necessity of such measures in order to prevent neglect or abuse. The judicial requirement for a notice and hearing before any extension is a safeguard meant to address these concerns, ensuring that the process remains fair and just.