1-1 By: Naishtat (Senate Sponsor - Moncrief) H.B. No. 2458
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 18, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-16 Amend H.B. 2458, as follows:
1-17 On page 1, line 33, insert the following after "(a)" and
1-18 before the word "If":
1-19 The department shall have access to any records or documents,
1-20 including client-identifying information, necessary to the
1-21 performance of duties required under this chapter. The duties
1-22 include but are not limited to the investigation of abuse,
1-23 exploitation, or neglect and the provisions of services to an
1-24 elderly or disabled person.
1-25 A BILL TO BE ENTITLED
1-26 AN ACT
1-27 relating to the authority of the Department of Protective and
1-28 Regulatory Services or another state agency to obtain certain
1-29 records or documents.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Subchapter C, Chapter 48, Human Resources Code,
1-32 is amended by adding Section 48.0385 to read as follows:
1-33 Sec. 48.0385. ACCESS TO RECORDS OR DOCUMENTS. (a) If the
1-34 department or another state agency cannot obtain access to a record
1-35 or document that is necessary to properly conduct an investigation
1-36 under this chapter, the department or agency may petition the
1-37 probate court or the statutory or constitutional county court
1-38 having probate jurisdiction for access to the record or document.
1-39 (b) On good cause shown, the court shall order the person
1-40 who denied access to a record or document to allow the department
1-41 or agency to have access under the terms and conditions prescribed
1-42 by the court.
1-43 (c) A person is entitled to notice and a hearing on the
1-44 petition.
1-45 (d) Access to a confidential record under this section does
1-46 not constitute a waiver of confidentiality.
1-47 SECTION 2. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *
1-55 Austin,
1-56 Texas
1-57 May 18, 1993
1-58 Hon. Bob Bullock
1-59 President of the Senate
1-60 Sir:
1-61 We, your Committee on Jurisprudence to which was referred H.B. No.
1-62 2458, have had the same under consideration, and I am instructed to
1-63 report it back to the Senate with the recommendation that it do
1-64 pass, as amended, and be printed.
1-65 Henderson,
1-66 Chairman
1-67 * * * * *
1-68 WITNESSES
2-1 FOR AGAINST ON
2-2 ___________________________________________________________________
2-3 Name: Gerry Williams x
2-4 Representing: TDPRS
2-5 City: Cedar Park
2-6 -------------------------------------------------------------------
2-7 Name: Carolyn Bivens x
2-8 Representing: Tx DPRS
2-9 City: Austin
2-10 -------------------------------------------------------------------