Texas 2019 - 86th Regular

Texas House Bill HB3774 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14213 LED-D
2	2	By: Davis of Dallas H.B. No. 3774
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to investigations of abuse or exploitation of an elderly
8	8	person or person with a disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 48.002(a)(2) and (3), Human Resources
11	11	Code, are amended to read as follows:
12	12	(2) "Abuse" means:
13	13	(A) the negligent or wilful infliction of injury,
14	14	unreasonable confinement, intimidation, or cruel punishment with
15	15	resulting physical or emotional harm or pain to an elderly person or
16	16	person with a disability by the person's caretaker, family member,
17	17	or other individual [who has an ongoing relationship with the
18	18	person]; or
19	19	(B) sexual abuse of an elderly person or person
20	20	with a disability, including any involuntary or nonconsensual
21	21	sexual conduct that would constitute an offense under Section
22	22	21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code
23	23	(assaultive offenses), committed by the person's caretaker, family
24	24	member, or other individual [who has an ongoing relationship with
25	25	the person].
26	26	(3) "Exploitation" means the illegal or improper act
27	27	or process of a caretaker, family member, or other individual [who
28	28	has an ongoing relationship with an elderly person or person with a
29	29	disability] that involves using, or attempting to use, the
30	30	resources of the elderly person or person with a disability,
31	31	including the person's social security number or other identifying
32	32	information, for monetary or personal benefit, profit, or gain
33	33	without the informed consent of the person.
34	34	SECTION 2. Section 48.002(c), Human Resources Code, is
35	35	amended to read as follows:
36	36	(c) Except as provided by Subsection (b), the executive
37	37	commissioner by rule may adopt definitions of "abuse," "neglect,"
38	38	and "exploitation," as an alternative to the definitions of those
39	39	terms under Subsection (a), for purposes of conducting an
40	40	investigation under this chapter or Chapter 142, Health and Safety
41	41	Code. The rules:
42	42	(1) may not require an individual to have an ongoing
43	43	relationship with an elderly person or person with a disability for
44	44	the department to conduct an investigation of that individual; and
45	45	(2) must allow the department to conduct an
46	46	investigation of any individual alleged to have committed abuse or
47	47	exploitation.
48	48	SECTION 3. Section 48.151, Human Resources Code, is amended
49	49	by adding Subsection (a-1) to read as follows:
50	50	(a-1) The department may investigate an allegation of abuse
51	51	or exploitation committed by any individual, regardless of whether
52	52	that individual has an ongoing relationship with an elderly person
53	53	or a person with a disability.
54	54	SECTION 4. As soon as practicable after the effective date
55	55	of this Act, the commissioner of the Department of Family and
56	56	Protective Services shall adopt rules necessary to implement the
57	57	changes in law made by this Act.
58	58	SECTION 5. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2019.