H.B. No. 2458
    1-1                                AN ACT
    1-2  relating to the authority of the Department of Protective and
    1-3  Regulatory Services or another state agency to obtain certain
    1-4  records or documents.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter C, Chapter 48, Human Resources Code,
    1-7  is amended by adding Section 48.0385 to read as follows:
    1-8        Sec. 48.0385.  ACCESS TO RECORDS OR DOCUMENTS.  (a)  The
    1-9  department shall have access to any records or documents, including
   1-10  client-identifying information, necessary to the performance of
   1-11  duties required under this chapter.  The duties include but are not
   1-12  limited to the investigation of abuse, exploitation, or neglect and
   1-13  the provisions of services to an elderly or disabled person.  If
   1-14  the department or another state agency cannot obtain access to a
   1-15  record or document that is necessary to properly conduct an
   1-16  investigation under this chapter, the department or agency may
   1-17  petition the probate court or the statutory or constitutional
   1-18  county court having probate jurisdiction for access to the record
   1-19  or document.
   1-20        (b)  On good cause shown, the court shall order the person
   1-21  who denied access to a record or document to allow the department
   1-22  or agency to have access under the terms and conditions prescribed
   1-23  by the court.
   1-24        (c)  A person is entitled to notice and a hearing on the
    2-1  petition.
    2-2        (d)  Access to a confidential record under this section does
    2-3  not constitute a waiver of confidentiality.
    2-4        SECTION 2.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended,
    2-9  and that this Act take effect and be in force from and after its
   2-10  passage, and it is so enacted.