By: Earley H.B. No. 1737
73R2009 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the financial abuse of an elderly person or dependent
1-3 adult.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 6, Human Resources Code, is amended by
1-6 adding Chapter 107 to read as follows:
1-7 CHAPTER 107. FINANCIAL ABUSE OF AN ELDERLY PERSON
1-8 OR DEPENDENT ADULT
1-9 Sec. 107.001. DEFINITIONS. In this chapter:
1-10 (1) "Claimant" means a party seeking recovery of
1-11 damages, including a plaintiff, counterclaimant, cross-claimant, or
1-12 third-party plaintiff.
1-13 (2) "Defendant" includes any party from whom a
1-14 claimant seeks recovery of damages.
1-15 (3) "Dependent adult" means a person who:
1-16 (A) is domiciled in this state;
1-17 (B) is at least 18 years of age but younger than
1-18 65 years of age; and
1-19 (C) has a physical or mental impairment that
1-20 limits one or more of the person's life activities or limits the
1-21 person's ability to protect the person's own rights, including a
1-22 person:
1-23 (i) with a mental or physical
1-24 developmental disability; or
2-1 (ii) whose physical or mental ability to
2-2 function independently has deteriorated because of age or illness.
2-3 (4) "Elderly person" means a person who is 65 years of
2-4 age or older and is domiciled in this state.
2-5 Sec. 107.002. LIABILITY FOR FINANCIAL ABUSE. (a) A
2-6 defendant is liable for financial abuse as provided by this chapter
2-7 to a claimant who is an elderly person or dependent adult if the
2-8 defendant has the care and custody of, or stands in a position of
2-9 trust to, the claimant and:
2-10 (1) takes, secretes, or appropriates the claimant's
2-11 money or other property for a use or purpose that constitutes a
2-12 breach of trust;
2-13 (2) commits a fraudulent act relating to the
2-14 claimant's money or other property that causes financial damage to
2-15 the claimant; or
2-16 (3) commits an act that violates a state or federal
2-17 securities law and causes financial damage to the claimant.
2-18 (b) A cause of action under this chapter may be filed by:
2-19 (1) the claimant;
2-20 (2) the claimant's guardian; or
2-21 (3) the claimant's next friend in accordance with Rule
2-22 44, Texas Rules of Civil Procedure.
2-23 (c) Exemplary damages may be awarded to a claimant under
2-24 this chapter in accordance with Chapter 41, Civil Practice and
2-25 Remedies Code. Notwithstanding Section 41.007, Civil Practice and
2-26 Remedies Code, exemplary damages awarded under this subsection may
2-27 not be less than three times the compensatory damages awarded.
3-1 Sec. 107.003. REMEDY NOT EXCLUSIVE. A remedy provided by
3-2 this chapter is not exclusive and is in addition to any other
3-3 remedy provided by law.
3-4 Sec. 107.004. EXPEDITED DISCOVERY SCHEDULE. A claimant
3-5 under this chapter may file a motion with a court of proper
3-6 jurisdiction seeking an expedited discovery schedule.
3-7 Sec. 107.005. VENUE. An action to recover damages under
3-8 this chapter may be brought in the county in which the claimant is
3-9 domiciled.
3-10 Sec. 107.006. PERSONAL LIABILITY. An officer, director, or
3-11 employee of a corporation who commits, participates, or directs the
3-12 participation of another in an act of financial abuse in the course
3-13 and scope of the officer's, director's, or employee's duties is
3-14 personally liable to the corporation for any damages, including
3-15 exemplary damages, awarded to a claimant against the corporation
3-16 under this chapter.
3-17 SECTION 2. Section 23.101(a), Government Code, is amended to
3-18 read as follows:
3-19 (a) The trial courts of this state shall regularly and
3-20 frequently set hearings and trials of pending matters, giving
3-21 preference to hearings and trials of the following:
3-22 (1) temporary injunctions;
3-23 (2) criminal actions, with criminal actions against
3-24 defendants who are detained in jail pending trial given preference
3-25 over other criminal actions;
3-26 (3) election contests and suits under the Election
3-27 Code;
4-1 (4) orders for the protection of the family under
4-2 Section 3.581, 71.11, or 71.12, Family Code;
4-3 (5) appeals of final rulings and decisions of the
4-4 Texas Workers' Compensation Commission and claims under the Federal
4-5 Employers' Liability Act and the Jones Act;
4-6 (6) suits for declaratory judgment under Section
4-7 89.085, Natural Resources Code; <and>
4-8 (7) appeals of final orders of the commissioner of the
4-9 General Land Office under Section 51.3021, Natural Resources Code;
4-10 and
4-11 (8) suits for financial abuse of an elderly person or
4-12 dependent adult under Chapter 107, Human Resources Code.
4-13 SECTION 3. This Act applies only to a cause of action that
4-14 accrues on or after the effective date of this Act. An action that
4-15 accrued before the effective date of this Act is governed by the
4-16 law in effect at the time the action accrued, and that law is
4-17 continued in effect for that purpose.
4-18 SECTION 4. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.