TX
Texas House Bill HB3329

Texas 2023 - 88th Regular

Texas House Bill HB3329

Filed
3/2/23  
Out of House Committee
4/25/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the investigation or determination of abuse or neglect of a child, elderly person, or person with a disability and the provision of certain services.

Impact

The passage of HB3329 will amend current laws under the Family Code and Human Resources Code to explicitly prevent DFPS from delaying investigations or the provision of protective services based solely on the temporary hospitalization of the concerned individuals. This change is significant as it ensures that as long as there are allegations of abuse or neglect, investigations must proceed without interruption, ensuring the safety of vulnerable populations.

Summary

House Bill 3329 aims to clarify existing Texas laws regarding the investigation of abuse or neglect of children, elderly persons, and individuals with disabilities. Specifically, it emphasizes that a temporary hospitalization of a child or vulnerable adult should not delay or deter investigations into allegations of abuse or neglect. The bill seeks to ensure that protective services can continue to be provided even when those in need are temporarily hospitalized, reinforcing the duty of the Department of Family and Protective Services (DFPS) to act in such situations.

Sentiment

The sentiment surrounding HB3329 has been overwhelmingly positive, with strong support noted during committee discussions and voting. The bill passed with unanimous support in the Texas House, indicating a broad agreement on the necessity and importance of its provisions. Legislators recognized the need for clarity in existing laws to protect vulnerable individuals effectively, especially when complications arise due to hospitalization.

Contention

While there has been significant support for HB3329, discussions in committee revealed concerns about how the bill might be implemented in practice. Some stakeholders emphasized the importance of ensuring that the bill does not inadvertently mandate services that the APS cannot provide, maintaining clarity around the department's capabilities. However, these concerns appear to have been adequately addressed through proposed committee substitutes, which reassured members regarding the scope of the bill.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
    • Section: New Section
    • Section: New Section
    • Section: New Section

Human Resources Code

  • Chapter 48. Investigations And Protective Services For Elderly Persons And Persons With Disabilities
    • Section: 151
    • Section: 151
    • Section: 151

Companion Bills

No companion bills found.

Previously Filed As

TX HB3774

Relating to investigations of abuse or exploitation of an elderly person or person with a disability.

TX SB402

Provide for case determinations of investigations of reported child abuse or neglect

TX SB00175

An Act Establishing A Registry Of Persons Who Have Abused, Neglected Or Exploited Elderly Persons And Adults With Disabilities.

TX SB00832

An Act Concerning Registries Of Persons Found Responsible For Assaults Or Other Abuse, Neglect, Exploitation Or Abandonment Of Elderly Persons Or Persons With Disabilities.

TX SB221

Relating to the Department of Family and Protective Services, including protective services and investigations of alleged abuse, neglect, or exploitation for certain adults who are elderly or disabled; providing a criminal penalty.

TX SB1521

Relating to the regulation of boarding home facilities for persons with disabilities or elderly persons and assisted living facilities.

TX SB277

Relating to the Department of Family and Protective Services, including protective services and investigations of alleged abuse, neglect, or exploitation for certain adults who are elderly or disabled; providing a criminal penalty.

TX SB152

Relating to the protection and care of persons who are elderly or disabled or who are children.

TX SB26

Revises provisions authorizing certain entities to obtain information relating to the records of criminal history of certain persons responsible for the safety and well-being of children, elderly persons or persons with disabilities. (BDR 14-248)

TX HB4476

Relating to civil liability for abuse or exploitation of an elderly person or person with a disability.

Similar Bills

No similar bills found.