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