By: West, et al. S.B. No. 1641
(Rose, Peña)
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a pilot program to provide
protective services to certain persons determined to be at risk of
future harm from abuse, neglect, or exploitation.
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 48.212 to read as follows:
Sec. 48.212. PILOT PROGRAM TO PROVIDE PROTECTIVE SERVICES
TO PERSONS AT RISK OF FUTURE HARM. (a) Notwithstanding any other
law, including Section 48.002(a)(5), the department shall, using
existing resources, develop and implement a pilot program that
evaluates the feasibility and associated benefits of providing
protective services when an elderly person or person with a
disability has been determined, using criteria developed under
Section 48.004, to be at risk of future harm from abuse, neglect, or
exploitation, but who is not in a state of abuse, neglect, or
exploitation.
(b) Section 48.1523 does not apply to reports considered
under the pilot program developed under this section.
(c) The department may terminate the pilot program if the
executive commissioner determines the termination is appropriate.
The pilot program terminates August 31, 2017, unless the program is
terminated before that date in accordance with this subsection.
(d) This section expires September 1, 2019.
SECTION 2. Not later than January 1, 2016, the Department of
Family and Protective Services shall develop and implement the
pilot program required under Section 48.212, Human Resources Code,
as added by this Act.
SECTION 3. (a) Not later than December 15, 2016, the
Department of Family and Protective Services shall prepare and
issue a report of preliminary findings from the pilot program
required under Section 48.212, Human Resources Code, as added by
this Act, to the governor, the lieutenant governor, and the
standing legislative committees with primary jurisdiction over
health and human services.
(b) Not later than December 15, 2017, the Department of
Family and Protective Services shall submit a final report on the
pilot program to the persons and entities described under
Subsection (a) of this section. The report must include:
(1) an evaluation of the feasibility and benefits of
the pilot program;
(2) any additional findings the department determines
appropriate; and
(3) recommendations for the continuation,
elimination, or expansion of the pilot program.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect September 1, 2015.