| 1 | 1 | | By: West, et al. S.B. No. 1641 |
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| 2 | 2 | | (Rose, Peña) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of a pilot program to provide |
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| 8 | 8 | | protective services to certain persons determined to be at risk of |
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| 9 | 9 | | future harm from abuse, neglect, or exploitation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter E, Chapter 48, Human Resources Code, |
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| 12 | 12 | | is amended by adding Section 48.212 to read as follows: |
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| 13 | 13 | | Sec. 48.212. PILOT PROGRAM TO PROVIDE PROTECTIVE SERVICES |
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| 14 | 14 | | TO PERSONS AT RISK OF FUTURE HARM. (a) Notwithstanding any other |
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| 15 | 15 | | law, including Section 48.002(a)(5), the department shall, using |
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| 16 | 16 | | existing resources, develop and implement a pilot program that |
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| 17 | 17 | | evaluates the feasibility and associated benefits of providing |
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| 18 | 18 | | protective services when an elderly person or person with a |
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| 19 | 19 | | disability has been determined, using criteria developed under |
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| 20 | 20 | | Section 48.004, to be at risk of future harm from abuse, neglect, or |
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| 21 | 21 | | exploitation, but who is not in a state of abuse, neglect, or |
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| 22 | 22 | | exploitation. |
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| 23 | 23 | | (b) Section 48.1523 does not apply to reports considered |
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| 24 | 24 | | under the pilot program developed under this section. |
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| 25 | 25 | | (c) The department may terminate the pilot program if the |
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| 26 | 26 | | executive commissioner determines the termination is appropriate. |
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| 27 | 27 | | The pilot program terminates August 31, 2017, unless the program is |
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| 28 | 28 | | terminated before that date in accordance with this subsection. |
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| 29 | 29 | | (d) This section expires September 1, 2019. |
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| 30 | 30 | | SECTION 2. Not later than January 1, 2016, the Department of |
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| 31 | 31 | | Family and Protective Services shall develop and implement the |
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| 32 | 32 | | pilot program required under Section 48.212, Human Resources Code, |
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| 33 | 33 | | as added by this Act. |
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| 34 | 34 | | SECTION 3. (a) Not later than December 15, 2016, the |
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| 35 | 35 | | Department of Family and Protective Services shall prepare and |
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| 36 | 36 | | issue a report of preliminary findings from the pilot program |
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| 37 | 37 | | required under Section 48.212, Human Resources Code, as added by |
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| 38 | 38 | | this Act, to the governor, the lieutenant governor, and the |
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| 39 | 39 | | standing legislative committees with primary jurisdiction over |
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| 40 | 40 | | health and human services. |
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| 41 | 41 | | (b) Not later than December 15, 2017, the Department of |
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| 42 | 42 | | Family and Protective Services shall submit a final report on the |
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| 43 | 43 | | pilot program to the persons and entities described under |
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| 44 | 44 | | Subsection (a) of this section. The report must include: |
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| 45 | 45 | | (1) an evaluation of the feasibility and benefits of |
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| 46 | 46 | | the pilot program; |
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| 47 | 47 | | (2) any additional findings the department determines |
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| 48 | 48 | | appropriate; and |
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| 49 | 49 | | (3) recommendations for the continuation, |
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| 50 | 50 | | elimination, or expansion of the pilot program. |
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| 51 | 51 | | SECTION 4. If before implementing any provision of this Act |
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| 52 | 52 | | a state agency determines that a waiver or authorization from a |
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| 53 | 53 | | federal agency is necessary for implementation of that provision, |
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| 54 | 54 | | the agency affected by the provision shall request the waiver or |
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| 55 | 55 | | authorization and may delay implementing that provision until the |
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| 56 | 56 | | waiver or authorization is granted. |
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| 57 | 57 | | SECTION 5. This Act takes effect September 1, 2015. |
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