Texas 2021 - 87th Regular

Texas House Bill HB1800 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R16663 KFF-D
2		-	By: Lopez, Anchia H.B. No. 1800
3		-	Substitute the following for H.B. No. 1800:
4		-	By: Hinojosa C.S.H.B. No. 1800
	1	+	87R4714 KFF-D
	2	+	By: Lopez H.B. No. 1800
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to a study to evaluate the effectiveness of community
10		-	collaboratives in addressing the exploitation of elderly persons in
11		-	this state.
	7	+	relating to a pilot program to establish community collaboratives
	8	+	to address financial exploitation of elderly persons in this state.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. DEFINITIONS. In this Act:
14		-	(1) "Community collaborative" means a model under
15		-	which entities with an interest in preventing exploitation of
16		-	elderly persons collaborate to help prevent, protect against, and
17		-	prosecute that exploitation.
	11	+	(1) "Community collaborative" means a community
	12	+	collaborative established under the pilot program.
18	13		(2) "Department" means the Department of Family and
19	14		Protective Services.
20		-	(3) "Elderly person" and "exploitation" have the
21		-	meanings assigned by Section 48.002, Human Resources Code.
22		-	SECTION 2. STUDY ON COMMUNITY COLLABORATIVES TO ADDRESS
23		-	EXPLOITATION OF ELDERLY PERSONS. (a) Using existing resources,
24		-	the department shall conduct a study on the effectiveness of
25		-	community collaboratives, including multidisciplinary teams, in
26		-	addressing the exploitation of elderly persons. The study must:
27		-	(1) identify and evaluate national and state community
28		-	collaborative models, including existing models in this state and
29		-	in other states;
30		-	(2) collect outcome data available with respect to the
31		-	various models, including:
32		-	(A) the number of prosecutions commenced;
33		-	(B) the amount of restitution obtained; and
34		-	(C) the efficacy of prevention efforts;
35		-	(3) identify key models and determine the primary
36		-	types of participating entities and services provided under those
37		-	models;
38		-	(4) assess the role of the governmental provider of
39		-	adult protective services within the various models and how that
40		-	role contributes to outcomes;
41		-	(5) analyze which models have a prosecuting attorney
42		-	that has an independent unit committed to investigating and
43		-	prosecuting financial exploitation;
44		-	(6) analyze how different geographical areas of this
45		-	state that represent diverse communities with different resources
46		-	and services use different models;
47		-	(7) determine key components of models that are
48		-	effective in preventing, protecting against, and prosecuting the
49		-	exploitation of elderly persons; and
50		-	(8) examine costs associated with effective models.
51		-	(b) In conducting the study required by this section, the
52		-	department:
53		-	(1) shall consult with the Elder Financial Safety
54		-	Center or another entity familiar with designing and maintaining
55		-	similar community collaboratives; and
56		-	(2) may consult with:
57		-	(A) a local court with jurisdiction over
58		-	guardianship proceedings; or
59		-	(B) the office of a prosecuting attorney that has
60		-	an independent unit committed to investigating and prosecuting
61		-	exploitation.
62		-	SECTION 3. REPORT. (a) Not later than December 1, 2022,
63		-	the department shall prepare and submit a written report to the
64		-	governor, lieutenant governor, speaker of the house of
65		-	representatives, and members of the standing committees of the
66		-	senate and the house of representatives with jurisdiction over the
67		-	department. The department may submit the report in an electronic
68		-	format.
69		-	(b) The report under this section must include:
70		-	(1) a summary of the results of the study conducted
71		-	under Section 2 of this Act; and
72		-	(2) recommendations based on the results of that
73		-	study.
74		-	SECTION 4. EXPIRATION. This Act expires September 1, 2023.
75		-	SECTION 5. EFFECTIVE DATE. This Act takes effect September
76		-	1, 2021.
	15	+	(3) "Financial exploitation" has the meaning assigned
	16	+	by Section 281.001, Finance Code.
	17	+	(4) "Pilot program" means the pilot program
	18	+	established under Section 2 of this Act.
	19	+	SECTION 2. PILOT PROGRAM TO ESTABLISH COMMUNITY
	20	+	COLLABORATIVES TO ADDRESS FINANCIAL EXPLOITATION OF ELDERLY
	21	+	PERSONS. (a) Not later than December 1, 2021, the department shall
	22	+	develop and implement a pilot program to establish community
	23	+	collaboratives under which entities with an interest in preventing
	24	+	financial exploitation of elderly persons collaborate to help
	25	+	prevent, protect against, and prosecute that exploitation and
	26	+	otherwise improve the financial security of elderly persons. To
	27	+	the extent possible, each community collaborative should include
	28	+	the following entities as participants:
	29	+	(1) at least one social service agency or other entity
	30	+	capable of providing services to the community aimed at preventing
	31	+	financial exploitation, including financial counseling, benefits
	32	+	assistance, insurance counseling, presentations and other
	33	+	educational information on scams, fraud, and identity theft
	34	+	targeted at elderly persons, and money management and employment
	35	+	services;
	36	+	(2) at least one local court with jurisdiction over
	37	+	guardianship proceedings; and
	38	+	(3) the office of at least one prosecuting attorney in
	39	+	the community that has an independent unit committed to
	40	+	investigating and prosecuting financial exploitation.
	41	+	(b) In developing and implementing the pilot program, the
	42	+	department shall:
	43	+	(1) consult with the Elder Financial Safety Center or
	44	+	another entity familiar with designing and maintaining similar
	45	+	community collaboratives; and
	46	+	(2) establish the collaboratives in at least five
	47	+	different geographical areas of this state that are representative
	48	+	of diverse communities with different resources and services to
	49	+	evaluate how the collaborative model can be adapted to different
	50	+	communities.
	51	+	SECTION 3. REPORT. Not later than December 1, 2022, the
	52	+	department shall prepare and submit a report to the governor,
	53	+	lieutenant governor, and each member of the legislature that
	54	+	includes:
	55	+	(1) a description and summary of the pilot program,
	56	+	including a description of where each community collaborative was
	57	+	established and the entities participating in each collaborative;
	58	+	(2) the department's evaluation of the effect of each
	59	+	collaborative in the community in which it was implemented; and
	60	+	(3) a recommendation as to whether the community
	61	+	collaboratives should be continued or terminated.
	62	+	SECTION 4. EXPIRATION. The pilot program terminates and
	63	+	this Act expires September 1, 2023.
	64	+	SECTION 5. EFFECTIVE DATE. This Act takes effect
	65	+	immediately if it receives a vote of two-thirds of all the members
	66	+	elected to each house, as provided by Section 39, Article III, Texas
	67	+	Constitution. If this Act does not receive the vote necessary for
	68	+	immediate effect, this Act takes effect September 1, 2021.