Texas 2019 - 86th Regular

Texas House Bill HB4531 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4531
	1	+	By: Neave, Raymond, Muñoz, Jr. H.B. No. 4531
	2	+	(Senate Sponsor - Zaffirini)
	3	+	(In the Senate - Received from the House May 8, 2019;
	4	+	May 10, 2019, read first time and referred to Committee on Criminal
	5	+	Justice; May 17, 2019, reported favorably by the following vote:
	6	+	Yeas 6, Nays 0; May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the rights and treatment of and services provided to
6	13		certain adult sexual assault survivors.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 323.004(c), Health and Safety Code, is
9	16		amended to read as follows:
10	17		(c) A health care facility must obtain documented consent
11	18		before providing the forensic medical examination and treatment.
12	19		The facility shall presume that an adult sexual assault survivor
13	20		requesting a forensic medical examination and treatment is
14	21		competent.
15	22		SECTION 2. Chapter 323, Health and Safety Code, is amended
16	23		by adding Section 323.0044 to read as follows:
17	24		Sec. 323.0044. PROVISION OF EMERGENCY SERVICES TO CERTAIN
18	25		ADULT SEXUAL ASSAULT SURVIVORS. (a) A health care facility shall
19	26		provide a forensic medical examination and treatment to an adult
20	27		sexual assault survivor for whom a guardian is appointed under
21	28		Title 3, Estates Code, without the consent of the survivor's
22	29		guardian, guardian ad litem, or other legal agent if:
23	30		(1) the health care facility determines the survivor
24	31		understands the nature of the forensic medical examination and
25	32		treatment; and
26	33		(2) the survivor agrees to receive the forensic
27	34		medical examination and treatment.
28	35		(b) Subject to Subsection (c), if an adult sexual assault
29	36		survivor requests a forensic medical examination and treatment and
30	37		a health care facility determines the survivor potentially is
31	38		incapable of consenting to the forensic medical examination and
32	39		treatment, the health care facility may:
33	40		(1) obtain consent from a relative or caretaker of the
34	41		survivor on the survivor's behalf;
35	42		(2) obtain consent from the survivor's guardian,
36	43		guardian ad litem, or other legal agent; or
37	44		(3) petition a court with probate jurisdiction in the
38	45		county in which the facility is located for an emergency order
39	46		authorizing the forensic medical examination and treatment, in the
40	47		manner provided by Section 48.208, Human Resources Code.
41	48		(c) If personnel of a health care facility know or have
42	49		reason to believe that the survivor's relative, caretaker,
43	50		guardian, guardian ad litem, or other legal agent is a suspect or
44	51		accomplice in the sexual assault of the survivor, the health care
45	52		facility may not contact the survivor's relative, caretaker,
46	53		guardian, guardian ad litem, or other legal agent.
47	54		(d) A health care facility may not provide a forensic
48	55		medical examination to an adult sexual assault survivor for whom a
49	56		guardian is appointed under Title 3, Estates Code, if the survivor
50	57		refuses the examination, regardless of whether the survivor's
51	58		guardian requests or consents to the examination.
52	59		SECTION 3. Section 420.072(c), Government Code, is amended
53	60		to read as follows:
54	61		(c) A communication, a record, or evidence that is
55	62		confidential under this subchapter may not be disclosed to a parent
56	63		or legal guardian of a survivor who is a minor or to a guardian
57	64		appointed under Title 3, Estates Code, of an adult survivor, if
58	65		applicable, if an advocate or a sexual assault program knows or has
59	66		reason to believe that the parent or [legal] guardian of the
60	67		survivor is a suspect or accomplice in the sexual assault of the
61	68		survivor.
62	69		SECTION 4. Section 420.073, Government Code, is amended by
63	70		amending Subsection (a) and adding Subsection (d) to read as
64	71		follows:
65	72		(a) Consent for the release of confidential information
66	73		other than evidence contained in an evidence collection kit must be
67	74		in writing and signed by the survivor, a parent or legal guardian if
68	75		the survivor is a minor, [a legal guardian if the survivor has been
69	76		adjudicated incompetent to manage the survivor's personal
70	77		affairs,] an attorney ad litem appointed for the survivor, or a
71	78		personal representative if the survivor is deceased. The written
72	79		consent must specify:
73	80		(1) the information or records covered by the release;
74		-	(2) the reason or purpose for the release; [and]
	81	+	(2) the reason or purpose for the release; and
75	82		(3) the person to whom the information is to be
76		-	released; and
77		-	(4) a reasonable time limitation during which the
78		-	information or records may be released.
	83	+	released.
79	84		(d) For purposes of Subsection (a), a written consent signed
80	85		by an adult survivor with a guardian appointed under Title 3,
81	86		Estates Code, is effective regardless of whether the adult
82	87		survivor's guardian, guardian ad litem, or other legal agent signs
83	88		the release. If the adult survivor agrees to the release but is
84	89		unable to provide a signature and the guardian, guardian ad litem,
85	90		or other legal agent is unavailable or declines to sign the release,
86		-	the person seeking the release of confidential information may
87		-	petition a court with probate jurisdiction in the county in which
88		-	the adult survivor resides for an emergency order authorizing the
89		-	release of the information, in the manner provided by Section
90		-	48.208, Human Resources Code
91		-	.
	91	+	then a notary may sign the release in the manner provided by Section
	92	+	406.0165.
92	93		SECTION 5. Section 420.0735(b), Government Code, is amended
93	94		to read as follows:
94	95		(b) For purposes of Subsection (a)(1), a written consent
95	96		signed by an adult survivor with a guardian appointed under Title 3
96	97		[incapacitated person, as that term is defined by Chapter 1002],
97	98		Estates Code, is effective regardless of whether the adult
98	99		survivor's [incapacitated person's] guardian, guardian ad litem, or
99	100		other legal agent signs the release. If the adult survivor with an
100	101		appointed guardian agrees to the release but [incapacitated person]
101	102		is unable to provide a signature and the guardian, guardian ad
102	103		litem, or other legal agent is unavailable or declines to sign the
103	104		release, then the investigating law enforcement officer may sign
104	105		the release.
105	106		SECTION 6. Section 1151.351(b), Estates Code, is amended to
106	107		read as follows:
107	108		(b) Unless limited by a court or otherwise restricted by
108	109		law, a ward is authorized to the following:
109	110		(1) to have a copy of the guardianship order and
110	111		letters of guardianship and contact information for the probate
111	112		court that issued the order and letters;
112	113		(2) to have a guardianship that encourages the
113	114		development or maintenance of maximum self-reliance and
114	115		independence in the ward with the eventual goal, if possible, of
115	116		self-sufficiency;
116	117		(3) to be treated with respect, consideration, and
117	118		recognition of the ward's dignity and individuality;
118	119		(4) to reside and receive support services in the most
119	120		integrated setting, including home-based or other community-based
120	121		settings, as required by Title II of the Americans with
121	122		Disabilities Act (42 U.S.C. Section 12131 et seq.);
122	123		(5) to consideration of the ward's current and
123	124		previously stated personal preferences, desires, medical and
124	125		psychiatric treatment preferences, religious beliefs, living
125	126		arrangements, and other preferences and opinions;
126	127		(6) to financial self-determination for all public
127	128		benefits after essential living expenses and health needs are met
128	129		and to have access to a monthly personal allowance;
129	130		(7) to receive timely and appropriate health care and
130	131		medical treatment that does not violate the ward's rights granted
131	132		by the constitution and laws of this state and the United States;
132	133		(8) to exercise full control of all aspects of life not
133	134		specifically granted by the court to the guardian;
134	135		(9) to control the ward's personal environment based
135	136		on the ward's preferences;
136	137		(10) to complain or raise concerns regarding the
137	138		guardian or guardianship to the court, including living
138	139		arrangements, retaliation by the guardian, conflicts of interest
139	140		between the guardian and service providers, or a violation of any
140	141		rights under this section;
141	142		(11) to receive notice in the ward's native language,
142	143		or preferred mode of communication, and in a manner accessible to
143	144		the ward, of a court proceeding to continue, modify, or terminate
144	145		the guardianship and the opportunity to appear before the court to
145	146		express the ward's preferences and concerns regarding whether the
146	147		guardianship should be continued, modified, or terminated;
147	148		(12) to have a court investigator, guardian ad litem,
148	149		or attorney ad litem appointed by the court to investigate a
149	150		complaint received by the court from the ward or any person about
150	151		the guardianship;
151	152		(13) to participate in social, religious, and
152	153		recreational activities, training, employment, education,
153	154		habilitation, and rehabilitation of the ward's choice in the most
154	155		integrated setting;
155	156		(14) to self-determination in the substantial
156	157		maintenance, disposition, and management of real and personal
157	158		property after essential living expenses and health needs are met,
158	159		including the right to receive notice and object about the
159	160		substantial maintenance, disposition, or management of clothing,
160	161		furniture, vehicles, and other personal effects;
161	162		(15) to personal privacy and confidentiality in
162	163		personal matters, subject to state and federal law;
163	164		(16) to unimpeded, private, and uncensored
164	165		communication and visitation with persons of the ward's choice,
165	166		except that if the guardian determines that certain communication
166	167		or visitation causes substantial harm to the ward:
167	168		(A) the guardian may limit, supervise, or
168	169		restrict communication or visitation, but only to the extent
169	170		necessary to protect the ward from substantial harm; and
170	171		(B) the ward may request a hearing to remove any
171	172		restrictions on communication or visitation imposed by the guardian
172	173		under Paragraph (A);
173	174		(17) to petition the court and retain counsel of the
174	175		ward's choice who holds a certificate required by Subchapter E,
175	176		Chapter 1054, to represent the ward's interest for capacity
176	177		restoration, modification of the guardianship, the appointment of a
177	178		different guardian, or for other appropriate relief under this
178	179		subchapter, including a transition to a supported decision-making
179	180		agreement, except as limited by Section 1054.006;
180	181		(18) to vote in a public election, marry, and retain a
181	182		license to operate a motor vehicle, unless restricted by the court;
182	183		(19) to personal visits from the guardian or the
183	184		guardian's designee at least once every three months, but more
184	185		often, if necessary, unless the court orders otherwise;
185	186		(20) to be informed of the name, address, phone
186	187		number, and purpose of Disability Rights Texas, an organization
187	188		whose mission is to protect the rights of, and advocate for, persons
188	189		with disabilities, and to communicate and meet with representatives
189	190		of that organization;
190	191		(21) to be informed of the name, address, phone
191	192		number, and purpose of an independent living center, an area agency
192	193		on aging, an aging and disability resource center, and the local
193	194		mental health and intellectual and developmental disability
194	195		center, and to communicate and meet with representatives from these
195	196		agencies and organizations;
196	197		(22) to be informed of the name, address, phone
197	198		number, and purpose of the Judicial Branch Certification Commission
198	199		and the procedure for filing a complaint against a certified
199	200		guardian;
200	201		(23) to contact the Department of Family and
201	202		Protective Services to report abuse, neglect, exploitation, or
202	203		violation of personal rights without fear of punishment,
203	204		interference, coercion, or retaliation; [and]
204	205		(24) to have the guardian, on appointment and on
205	206		annual renewal of the guardianship, explain the rights delineated
206	207		in this subsection in the ward's native language, or preferred mode
207	208		of communication, and in a manner accessible to the ward; and
208	209		(25) to make decisions related to sexual assault
209	210		crisis services, including consenting to a forensic medical
210	211		examination and treatment, authorizing the collection of forensic
211	212		evidence, consenting to the release of evidence contained in an
212	213		evidence collection kit and disclosure of related confidential
213	214		information, and receiving counseling and other support services.
214	215		SECTION 7. This Act takes effect September 1, 2019.
215		-	______________________________ ______________________________
216		-	President of the Senate Speaker of the House
217		-	I certify that H.B. No. 4531 was passed by the House on May 8,
218		-	2019, by the following vote: Yeas 148, Nays 0, 1 present, not
219		-	voting; and that the House concurred in Senate amendments to H.B.
220		-	No. 4531 on May 23, 2019, by the following vote: Yeas 144, Nays 0,
221		-	1 present, not voting.
222		-	______________________________
223		-	Chief Clerk of the House
224		-	I certify that H.B. No. 4531 was passed by the Senate, with
225		-	amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
226		-	0.
227		-	______________________________
228		-	Secretary of the Senate
229		-	APPROVED: __________________
230		-	Date
231		-	__________________
232		-	Governor
	216	+	* * * * *