86R14213 LED-D
By: Davis of Dallas H.B. No. 3774
A BILL TO BE ENTITLED
AN ACT
relating to investigations of abuse or exploitation of an elderly
person or person with a disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 48.002(a)(2) and (3), Human Resources
Code, are amended to read as follows:
(2) "Abuse" means:
(A) the negligent or wilful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment with
resulting physical or emotional harm or pain to an elderly person or
person with a disability by the person's caretaker, family member,
or other individual [who has an ongoing relationship with the
person]; or
(B) sexual abuse of an elderly person or person
with a disability, including any involuntary or nonconsensual
sexual conduct that would constitute an offense under Section
21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code
(assaultive offenses), committed by the person's caretaker, family
member, or other individual [who has an ongoing relationship with
the person].
(3) "Exploitation" means the illegal or improper act
or process of a caretaker, family member, or other individual [who
has an ongoing relationship with an elderly person or person with a
disability] that involves using, or attempting to use, the
resources of the elderly person or person with a disability,
including the person's social security number or other identifying
information, for monetary or personal benefit, profit, or gain
without the informed consent of the person.
SECTION 2. Section 48.002(c), Human Resources Code, is
amended to read as follows:
(c) Except as provided by Subsection (b), the executive
commissioner by rule may adopt definitions of "abuse," "neglect,"
and "exploitation," as an alternative to the definitions of those
terms under Subsection (a), for purposes of conducting an
investigation under this chapter or Chapter 142, Health and Safety
Code. The rules:
(1) may not require an individual to have an ongoing
relationship with an elderly person or person with a disability for
the department to conduct an investigation of that individual; and
(2) must allow the department to conduct an
investigation of any individual alleged to have committed abuse or
exploitation.
SECTION 3. Section 48.151, Human Resources Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The department may investigate an allegation of abuse
or exploitation committed by any individual, regardless of whether
that individual has an ongoing relationship with an elderly person
or a person with a disability.
SECTION 4. As soon as practicable after the effective date
of this Act, the commissioner of the Department of Family and
Protective Services shall adopt rules necessary to implement the
changes in law made by this Act.
SECTION 5. 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, 2019.