By: West S.B. No. 1641
A BILL TO BE ENTITLED
AN ACT
relating to developing and maintaining risk assessment criteria for
use in determining whether an elderly or disabled person is in
imminent risk of abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 48, Human Resources Code,
is amended by adding Section 48.2055 to read as follows:
Sec. 48.2055. PILOT PROGRAM. (a) The department shall,
out of funds appropriated, implement a pilot program to evaluate
the feasibility and any associated benefits of providing protective
services when an elderly or disabled person has been determined to
be at risk of future harm from abuse, neglect, or exploitation using
the risk assessment criteria described in Section 48.004(a).
(b) Notwithstanding Section 48.002(a)(5), the provision of
protective services in an area in which a pilot program described by
subsection (a) has been implemented does not require that an
elderly or disabled person be in a state of abuse, neglect, or
exploitation.
(c) Notwithstanding Section 48.1523, the department is not
required to conduct a management review of recidivistic cases in an
area in which a pilot program described by subsection (a) has been
implemented.
SECTION 2. The department shall implement the pilot program
described in section 48.2055, Human Resources Code, not later than
January 1, 2016. The pilot may be conducted up until August 31, 2017
but may terminate earlier if, in the discretion of the adult
protective services program, it is appropriate for the program to
be terminated. DFPS shall submit a report of preliminary findings
from the program to the Governor, Lieutenant Governor, and
appropriate legislative committees having oversight over the Adult
Protective Services division not later than December 15, 2016 and
on any additional findings not later than December 15, 2017.
SECTION 3. Section 48.2055, Human Resources Code, expires
August 31, 2017.
SECTION 4. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2015.