| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R15629 LED-D | |
| 2 | 2 | By: Davis of Dallas H.B. No. 4476 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to civil liability for 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. Subchapter D, Chapter 48, Human Resources Code, | |
| 11 | 11 | is amended by adding Section 48.1524 to read as follows: | |
| 12 | 12 | Sec. 48.1524. CIVIL LIABILITY. (a) A person is liable to | |
| 13 | 13 | an elderly person or person with a disability for damages for abuse | |
| 14 | 14 | or exploitation. | |
| 15 | 15 | (b) A claimant who prevails in a suit under this section may | |
| 16 | 16 | recover actual damages, including damages for mental anguish even | |
| 17 | 17 | if an injury other than mental anguish is not shown. | |
| 18 | 18 | (c) In addition to an award under Subsection (a), a claimant | |
| 19 | 19 | who prevails in a suit under this section may recover exemplary | |
| 20 | 20 | damages and reasonable attorney fees. | |
| 21 | 21 | SECTION 2. The change in law made by this Act applies only | |
| 22 | 22 | to a cause of action that accrues on or after the effective date of | |
| 23 | 23 | this Act. A cause of action that accrues before the effective date | |
| 24 | 24 | of this Act is governed by the law in effect immediately before that | |
| 25 | 25 | date, and that law is continued in effect for that purpose. | |
| 26 | 26 | SECTION 3. This Act takes effect September 1, 2019. |