Relating to the financial abuse of elderly persons, including requiring financial institutions to report suspected financial abuse of elderly persons; providing a civil penalty; creating criminal offenses.
Impact
The implementation of HB 959 is expected to strengthen the protections available to elderly individuals from financial exploitation. By mandating that financial institutions take an active role in identifying and reporting suspected cases, the bill seeks to create a collaborative framework between financial sectors and protective services. This increased oversight may help deter financial predators and vulnerable elder adults by establishing a more robust reporting mechanism and clearer definitions of financial abuse, adapting the legal framework specifically to address exploitative practices against older individuals.
Summary
House Bill 959, known as the Financial Elder Abuse and Exploitation Prevention Act, aims to address and mitigate the financial abuse of elderly persons in Texas. The bill establishes definitions for financial abuse and exploitation, classifying various unlawful activities that exploit elderly individuals for financial gain. Notably, it requires financial institutions to report suspected cases of financial abuse to the appropriate authorities, including adult protective services and local law enforcement. This obligation extends to any officer or employee of a financial institution who believes in good faith that financial abuse has occurred or is occurring, with mandated reporting protocols within set time frames.
Contention
While the bill has generally garnered support for its intentions to protect an at-risk population, there may be contention regarding the compliance requirements placed on financial institutions. Some stakeholders may voice concerns about the balance between protecting elderly clients and the burden of frequent reporting and potential legal repercussions for non-compliance. Additionally, the effectiveness of the implemented provisions and the training provided to officers and employees of financial institutions could be areas of scrutiny as stakeholders evaluate the real-world impact of the legislation on preventing financial abuse against the elderly.
Identical
Relating to the financial abuse of elderly persons, including requiring financial institutions to report suspected financial abuse of elderly persons; providing a civil penalty; creating criminal offenses.
Relating to increasing the criminal penalty for a peace officer who fails to report the suspected abuse, neglect, or exploitation of an elderly person or a person with a disability.
Relating to peace officer reporting of suspected abuse, neglect, or exploitation of an elderly person or a person with a disability to the adult protective services division of the Department of Family and Protective Services.
Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.
Relating to the financial abuse of elderly persons, including requiring financial institutions to report suspected financial abuse of elderly persons; providing a civil penalty; creating criminal offenses.
Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan; providing licensing requirements; authorizing an administrative penalty.
Relating to inspection procedures in certain long-term care facilities and the creation of a long-term care legislative oversight committee; providing penalties.