H.B. No. 4531
AN ACT
relating to the rights and treatment of and services provided to
certain adult sexual assault survivors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 323.004(c), Health and Safety Code, is
amended to read as follows:
(c) A health care facility must obtain documented consent
before providing the forensic medical examination and treatment.
The facility shall presume that an adult sexual assault survivor
requesting a forensic medical examination and treatment is
competent.
SECTION 2. Chapter 323, Health and Safety Code, is amended
by adding Section 323.0044 to read as follows:
Sec. 323.0044. PROVISION OF EMERGENCY SERVICES TO CERTAIN
ADULT SEXUAL ASSAULT SURVIVORS. (a) A health care facility shall
provide a forensic medical examination and treatment to an adult
sexual assault survivor for whom a guardian is appointed under
Title 3, Estates Code, without the consent of the survivor's
guardian, guardian ad litem, or other legal agent if:
(1) the health care facility determines the survivor
understands the nature of the forensic medical examination and
treatment; and
(2) the survivor agrees to receive the forensic
medical examination and treatment.
(b) Subject to Subsection (c), if an adult sexual assault
survivor requests a forensic medical examination and treatment and
a health care facility determines the survivor potentially is
incapable of consenting to the forensic medical examination and
treatment, the health care facility may:
(1) obtain consent from a relative or caretaker of the
survivor on the survivor's behalf;
(2) obtain consent from the survivor's guardian,
guardian ad litem, or other legal agent; or
(3) petition a court with probate jurisdiction in the
county in which the facility is located for an emergency order
authorizing the forensic medical examination and treatment, in the
manner provided by Section 48.208, Human Resources Code.
(c) If personnel of a health care facility know or have
reason to believe that the survivor's relative, caretaker,
guardian, guardian ad litem, or other legal agent is a suspect or
accomplice in the sexual assault of the survivor, the health care
facility may not contact the survivor's relative, caretaker,
guardian, guardian ad litem, or other legal agent.
(d) A health care facility may not provide a forensic
medical examination to an adult sexual assault survivor for whom a
guardian is appointed under Title 3, Estates Code, if the survivor
refuses the examination, regardless of whether the survivor's
guardian requests or consents to the examination.
SECTION 3. Section 420.072(c), Government Code, is amended
to read as follows:
(c) A communication, a record, or evidence that is
confidential under this subchapter may not be disclosed to a parent
or legal guardian of a survivor who is a minor or to a guardian
appointed under Title 3, Estates Code, of an adult survivor, if
applicable, if an advocate or a sexual assault program knows or has
reason to believe that the parent or [legal] guardian of the
survivor is a suspect or accomplice in the sexual assault of the
survivor.
SECTION 4. Section 420.073, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Consent for the release of confidential information
other than evidence contained in an evidence collection kit must be
in writing and signed by the survivor, a parent or legal guardian if
the survivor is a minor, [a legal guardian if the survivor has been
adjudicated incompetent to manage the survivor's personal
affairs,] an attorney ad litem appointed for the survivor, or a
personal representative if the survivor is deceased. The written
consent must specify:
(1) the information or records covered by the release;
(2) the reason or purpose for the release; [and]
(3) the person to whom the information is to be
released; and
(4) a reasonable time limitation during which the
information or records may be released.
(d) For purposes of Subsection (a), a written consent signed
by an adult survivor with a guardian appointed under Title 3,
Estates Code, is effective regardless of whether the adult
survivor's guardian, guardian ad litem, or other legal agent signs
the release. If the adult survivor agrees to the release but is
unable to provide a signature and the guardian, guardian ad litem,
or other legal agent is unavailable or declines to sign the release,
the person seeking the release of confidential information may
petition a court with probate jurisdiction in the county in which
the adult survivor resides for an emergency order authorizing the
release of the information, in the manner provided by Section
48.208, Human Resources Code
.
SECTION 5. Section 420.0735(b), Government Code, is amended
to read as follows:
(b) For purposes of Subsection (a)(1), a written consent
signed by an adult survivor with a guardian appointed under Title 3
[incapacitated person, as that term is defined by Chapter 1002],
Estates Code, is effective regardless of whether the adult
survivor's [incapacitated person's] guardian, guardian ad litem, or
other legal agent signs the release. If the adult survivor with an
appointed guardian agrees to the release but [incapacitated person]
is unable to provide a signature and the guardian, guardian ad
litem, or other legal agent is unavailable or declines to sign the
release, then the investigating law enforcement officer may sign
the release.
SECTION 6. Section 1151.351(b), Estates Code, is amended to
read as follows:
(b) Unless limited by a court or otherwise restricted by
law, a ward is authorized to the following:
(1) to have a copy of the guardianship order and
letters of guardianship and contact information for the probate
court that issued the order and letters;
(2) to have a guardianship that encourages the
development or maintenance of maximum self-reliance and
independence in the ward with the eventual goal, if possible, of
self-sufficiency;
(3) to be treated with respect, consideration, and
recognition of the ward's dignity and individuality;
(4) to reside and receive support services in the most
integrated setting, including home-based or other community-based
settings, as required by Title II of the Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.);
(5) to consideration of the ward's current and
previously stated personal preferences, desires, medical and
psychiatric treatment preferences, religious beliefs, living
arrangements, and other preferences and opinions;
(6) to financial self-determination for all public
benefits after essential living expenses and health needs are met
and to have access to a monthly personal allowance;
(7) to receive timely and appropriate health care and
medical treatment that does not violate the ward's rights granted
by the constitution and laws of this state and the United States;
(8) to exercise full control of all aspects of life not
specifically granted by the court to the guardian;
(9) to control the ward's personal environment based
on the ward's preferences;
(10) to complain or raise concerns regarding the
guardian or guardianship to the court, including living
arrangements, retaliation by the guardian, conflicts of interest
between the guardian and service providers, or a violation of any
rights under this section;
(11) to receive notice in the ward's native language,
or preferred mode of communication, and in a manner accessible to
the ward, of a court proceeding to continue, modify, or terminate
the guardianship and the opportunity to appear before the court to
express the ward's preferences and concerns regarding whether the
guardianship should be continued, modified, or terminated;
(12) to have a court investigator, guardian ad litem,
or attorney ad litem appointed by the court to investigate a
complaint received by the court from the ward or any person about
the guardianship;
(13) to participate in social, religious, and
recreational activities, training, employment, education,
habilitation, and rehabilitation of the ward's choice in the most
integrated setting;
(14) to self-determination in the substantial
maintenance, disposition, and management of real and personal
property after essential living expenses and health needs are met,
including the right to receive notice and object about the
substantial maintenance, disposition, or management of clothing,
furniture, vehicles, and other personal effects;
(15) to personal privacy and confidentiality in
personal matters, subject to state and federal law;
(16) to unimpeded, private, and uncensored
communication and visitation with persons of the ward's choice,
except that if the guardian determines that certain communication
or visitation causes substantial harm to the ward:
(A) the guardian may limit, supervise, or
restrict communication or visitation, but only to the extent
necessary to protect the ward from substantial harm; and
(B) the ward may request a hearing to remove any
restrictions on communication or visitation imposed by the guardian
under Paragraph (A);
(17) to petition the court and retain counsel of the
ward's choice who holds a certificate required by Subchapter E,
Chapter 1054, to represent the ward's interest for capacity
restoration, modification of the guardianship, the appointment of a
different guardian, or for other appropriate relief under this
subchapter, including a transition to a supported decision-making
agreement, except as limited by Section 1054.006;
(18) to vote in a public election, marry, and retain a
license to operate a motor vehicle, unless restricted by the court;
(19) to personal visits from the guardian or the
guardian's designee at least once every three months, but more
often, if necessary, unless the court orders otherwise;
(20) to be informed of the name, address, phone
number, and purpose of Disability Rights Texas, an organization
whose mission is to protect the rights of, and advocate for, persons
with disabilities, and to communicate and meet with representatives
of that organization;
(21) to be informed of the name, address, phone
number, and purpose of an independent living center, an area agency
on aging, an aging and disability resource center, and the local
mental health and intellectual and developmental disability
center, and to communicate and meet with representatives from these
agencies and organizations;
(22) to be informed of the name, address, phone
number, and purpose of the Judicial Branch Certification Commission
and the procedure for filing a complaint against a certified
guardian;
(23) to contact the Department of Family and
Protective Services to report abuse, neglect, exploitation, or
violation of personal rights without fear of punishment,
interference, coercion, or retaliation; [and]
(24) to have the guardian, on appointment and on
annual renewal of the guardianship, explain the rights delineated
in this subsection in the ward's native language, or preferred mode
of communication, and in a manner accessible to the ward; and
(25) to make decisions related to sexual assault
crisis services, including consenting to a forensic medical
examination and treatment, authorizing the collection of forensic
evidence, consenting to the release of evidence contained in an
evidence collection kit and disclosure of related confidential
information, and receiving counseling and other support services.
SECTION 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4531 was passed by the House on May 8,
2019, by the following vote: Yeas 148, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4531 on May 23, 2019, by the following vote: Yeas 144, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4531 was passed by the Senate, with
amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor