H.B. No. 1111
    1-1                                AN ACT
    1-2  relating to the provision of protective services to persons who are
    1-3  elderly or disabled.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The heading of Chapter 48, Human Resources Code,
    1-6  is amended to read as follows:
    1-7          CHAPTER 48.  PROTECTIVE SERVICES FOR <THE> ELDERLY
    1-8                         AND DISABLED PERSONS
    1-9        SECTION 2.  Section 48.001, Human Resources Code, is amended
   1-10  to read as follows:
   1-11        Sec. 48.001.  PURPOSE.  The purpose of this chapter is to
   1-12  provide for the authority <right><> to investigate the abuse,
   1-13  exploitation, or neglect of an elderly or disabled person and to
   1-14  provide protective services to that person.
   1-15        SECTION 3.  Section 48.002, Human Resources Code, is amended
   1-16  to read as follows:
   1-17        Sec. 48.002.  DEFINITIONS.  In this chapter:
   1-18              (1)  "Elderly person" means a person 65 years of age or
   1-19  older.
   1-20              (2)  "Abuse" means:
   1-21                    (A)  the negligent or wilful infliction of
   1-22  injury, unreasonable confinement, intimidation, or cruel punishment
   1-23  with resulting physical or emotional harm or pain; or
   1-24                    (B)  sexual abuse, including any involuntary or
    2-1  nonconsensual sexual conduct that would constitute an offense
    2-2  under:
    2-3                          (i)  Section 21.08, Penal Code (indecent
    2-4  exposure); or
    2-5                          (ii)  Chapter 22, Penal Code (assaultive
    2-6  offenses) <or mental anguish or the wilful deprivation by a
    2-7  caretaker or one's self of goods or services which are necessary to
    2-8  avoid physical harm, mental anguish, or mental illness>.
    2-9              (3)  "Exploitation" means the illegal or improper act
   2-10  or process of a caretaker, family member, or other individual who
   2-11  has an ongoing relationship with the elderly or disabled person
   2-12  using the resources of an elderly or disabled person for monetary
   2-13  or personal benefit, profit, or gain without the informed consent
   2-14  of the elderly or disabled person.
   2-15              (4)  "Neglect" means the failure to provide for one's
   2-16  self the goods or services, including medical services, which are
   2-17  necessary to avoid physical or emotional harm or pain<, mental
   2-18  anguish, or mental illness> or the failure of a caretaker to
   2-19  provide such goods or services.
   2-20              (5)  "Protective services" means the services furnished
   2-21  by the department or by a protective services agency to an elderly
   2-22  or disabled person who has been determined to be in a state of
   2-23  abuse, exploitation, or neglect.  These services may include social
   2-24  casework, case management, and arranging for psychiatric and health
   2-25  evaluation, home care, day care, <legal assistance,> social
   2-26  services, health care, and other services consistent with this
   2-27  chapter.
    3-1              (6)  "Protective services agency" means a public or
    3-2  private agency, corporation, board, or organization that provides
    3-3  protective services to elderly or disabled persons in the state of
    3-4  abuse, exploitation, or neglect.
    3-5              (7)  "Department" means the Department of Protective
    3-6  and Regulatory <Human> Services.
    3-7              (8)  "Disabled person" means a person with a mental,
    3-8  physical, or developmental disability that substantially impairs
    3-9  the person's ability to provide adequately for the person's care or
   3-10  protection and who is:
   3-11                    (A)  18 years of age or older; or
   3-12                    (B)  under 18 years of age and who has had the
   3-13  disabilities of minority removed.
   3-14              (9)  "Legal holiday" means a state holiday listed in
   3-15  Subchapter B, Chapter 662, Government Code <Article 4591, Revised
   3-16  Statutes>, or an officially declared county holiday.
   3-17        SECTION 4.  Subchapter B, Chapter 48, Human Resources Code,
   3-18  is amended by amending Section 48.021 and adding Section 48.0215 to
   3-19  read as follows:
   3-20        Sec. 48.021.  PROVISION OF SERVICES.  (a)  The department may
   3-21  provide direct protective services or contract with protective
   3-22  services agencies for the provisions of those services.
   3-23        (b)  The department shall use existing resources and services
   3-24  of public and private agencies in providing protective services.
   3-25        (c)  The department and <shall cooperate with the
   3-26  appropriate> law enforcement officials, courts, and agencies shall
   3-27  cooperate when providing protective services.
    4-1        (d)  The responsibilities set forth in this Act shall be
    4-2  exclusive of those designated to other state or federal agencies
    4-3  authorized or required by law to provide protective services to
    4-4  elderly or disabled persons determined to be in the state of abuse,
    4-5  exploitation, or neglect.
    4-6        Sec. 48.0215.  GUARDIANSHIPS.  (a) <(e)>  The department
    4-7  shall file an application under Chapter XIII, <Section 110A or
    4-8  131(b) of the> Texas Probate Code, to be appointed guardian of the
    4-9  person and estate of an individual who is a minor, is a conservatee
   4-10  of the department, and, because of a physical or mental condition,
   4-11  will be substantially unable to provide food, clothing, or shelter
   4-12  for himself or herself, to care for the individual's own physical
   4-13  health, or to manage the individual's own financial affairs when
   4-14  the individual becomes an adult.
   4-15        (b)  As a last resort, the department may apply to be
   4-16  appointed guardian of the person or estate of an elderly or
   4-17  disabled person who, because of a physical or mental condition,
   4-18  will be substantially unable to provide food, clothing, or shelter
   4-19  for himself or herself, to care for the individual's own physical
   4-20  health, or to manage the individual's own financial affairs.  A
   4-21  representative of the department shall take the oath required by
   4-22  the Texas Probate Code on behalf of the department  if the
   4-23  department is appointed guardian.  If the department knows that an
   4-24  individual is willing and able to serve as the guardian, the
   4-25  department may inform the court of that individual's willingness
   4-26  and ability.
   4-27        (c)  If appropriate, the department may contract with a
    5-1  political subdivision of this state, a private agency, or another
    5-2  state agency for the provision of guardianship services under this
    5-3  section.  The department or a political subdivision of the state or
    5-4  state agency with which the department contracts under this section
    5-5  is not required to post a bond or pay any cost or fee otherwise
    5-6  required by the Texas Probate Code.
    5-7        (d)  If the department is appointed guardian, the department
    5-8  is not liable for funding services provided to the department's
    5-9  ward, including long-term care or burial expenses.
   5-10        SECTION 5.  The heading to Subchapter C, Chapter 48, Human
   5-11  Resources Code, is amended to read as follows:
   5-12    SUBCHAPTER C.  DEPARTMENT INVESTIGATION OF REPORTS OF SUSPECTED
   5-13                   ABUSE, EXPLOITATION, OR NEGLECT
   5-14        SECTION 6.  Section 48.036(a), Human Resources Code, is
   5-15  amended to read as follows:
   5-16        (a)  Except as prescribed by Section 48.082 <Subsection (c)
   5-17  of this section>, a person having reasonable cause to believe that
   5-18  an elderly or disabled person is in the state of abuse,
   5-19  exploitation, or neglect shall report the information to the
   5-20  department.
   5-21        SECTION 7.  Section 48.0361(a), Human Resources Code, is
   5-22  amended to read as follows:
   5-23        (a)  A person commits an offense if the person has cause to
   5-24  believe that an elderly or disabled person has been abused,
   5-25  exploited, or neglected or is in the state of abuse, exploitation,
   5-26  or neglect and knowingly fails to report in accordance with Section
   5-27  48.036 or Subchapter E <of this code>.  An offense under this
    6-1  subsection is a Class B misdemeanor.
    6-2        SECTION 8.  Section 48.037, Human Resources Code, is amended
    6-3  to read as follows:
    6-4        Sec. 48.037.  ACTION ON REPORT.  (a)  Not later than 24 hours
    6-5  after the department receives <upon receipt of> a report of
    6-6  suspected need for protective services under Section 48.036 or
    6-7  48.081, the department <or state agency, as appropriate,> shall
    6-8  initiate a prompt and thorough investigation as needed to evaluate
    6-9  the accuracy of the report and to assess the need for protective
   6-10  services <determine whether the elderly or disabled person is in
   6-11  need of protective services>, unless the department <or state
   6-12  agency, as appropriate,> determines that the report:
   6-13              (1)  is frivolous or patently without a factual basis;
   6-14  or
   6-15              (2)  does not concern abuse, neglect, or exploitation,
   6-16  as those terms are defined by Section 48.002 for an investigation
   6-17  under this subchapter or as defined by department rules for an
   6-18  investigation under Subchapter E.
   6-19        (b)  The department shall adopt rules for conducting
   6-20  investigations under this chapter  <Each state agency that
   6-21  operates, licenses, certifies, or registers a facility in which
   6-22  elderly or disabled persons are located shall adopt rules relating
   6-23  to the investigation and resolution of reports received under
   6-24  Section 48.036 of this code.  The department shall review and
   6-25  approve such rules to assure that all agencies implement
   6-26  appropriate standards for the conduct of investigations and that
   6-27  uniformity exists among agencies in the investigation and
    7-1  resolution of reports>.
    7-2        SECTION 9.  Sections 48.038(a), (b), (d), (e), and (f), Human
    7-3  Resources Code, are amended to read as follows:
    7-4        (a)  In an investigation the department or state agency, as
    7-5  appropriate, shall determine:
    7-6              (1)  whether the person needs protective services from
    7-7  the department;
    7-8              (2)  what services are needed;
    7-9              (3)  whether services are available from the
   7-10  department, state agency, or in the community and how they can be
   7-11  provided;
   7-12              (4)  whether the person would be capable of obtaining
   7-13  services for himself and could bear the cost or would be eligible
   7-14  for services from the department or state agency;
   7-15              (5)  whether a caretaker would be willing to provide
   7-16  services or would agree to their provisions;
   7-17              (6)  whether the elderly or disabled person desires the
   7-18  services; and
   7-19              (7)  other pertinent data.
   7-20        (b)  An investigation by the department or a state agency
   7-21  shall include an interview with the elderly or disabled person, if
   7-22  appropriate, and <a visit to the elderly or disabled person's place
   7-23  of residence and consultation> with persons thought to have
   7-24  knowledge of the circumstances. The investigation may include an
   7-25  interview with an alleged juvenile perpetrator of the alleged
   7-26  abuse, neglect, or exploitation.  The department or state agency
   7-27  may conduct an interview under this subsection in private or may
    8-1  include any person the department or agency determines is
    8-2  necessary.
    8-3        (d)  A peace officer shall accompany and assist the person
    8-4  making a court-ordered <forcible> entry under this section, if in
    8-5  the opinion of the court such action is necessary.
    8-6        (e)  The department shall prepare and keep on file a
    8-7  <complete written> report of each investigation conducted by the
    8-8  department.  <Each state agency shall prepare and keep on file a
    8-9  complete written report of each investigation conducted by the
   8-10  state agency.  Each state agency shall submit a copy of each report
   8-11  relating to abuse, exploitation, or neglect that occurred in a
   8-12  facility operated by the state agency to the department.  The
   8-13  report shall include any recommendations that the department shall
   8-14  provide protective services and shall be forwarded to the
   8-15  department within 24 hours of the state agency's determination that
   8-16  protective services are needed.>
   8-17        (f)  If the department's investigation reveals that the
   8-18  elderly or disabled person has been <physically> abused by another
   8-19  person in a manner that constitutes a criminal offense under any
   8-20  law, including Section 22.04, Penal Code, a copy of the <report of
   8-21  the> investigation shall be submitted to the appropriate law
   8-22  enforcement agency.
   8-23        SECTION 10.  Sections 48.0385 and 48.039, Human Resources
   8-24  Code, are amended to read as follows:
   8-25        Sec. 48.0385.  ACCESS TO RECORDS OR DOCUMENTS.  (a)  The
   8-26  department or state agency, as appropriate, shall have access to
   8-27  any records or documents, including client-identifying
    9-1  information<,> and medical and psychological records, necessary to
    9-2  the performance of the department's or state agency's duties
    9-3  <required> under this chapter.  The duties include but are not
    9-4  limited to the investigation of abuse, exploitation, or neglect and
    9-5  the provisions of services to an elderly or disabled person.  A
    9-6  person or agency that has a record or document that the department
    9-7  or state agency needs to perform its duties under this chapter
    9-8  shall, without unnecessary delay, make the record or document
    9-9  available to the department or agency.
   9-10        (b)  If the department or another state agency cannot obtain
   9-11  access to a record or document that is necessary to properly
   9-12  conduct an investigation or to perform another duty under this
   9-13  chapter, the department or agency may petition the probate court or
   9-14  the statutory or constitutional county court having probate
   9-15  jurisdiction for access to the record or document.
   9-16        (c) <(b)>  On good cause shown, the court shall order the
   9-17  person who denied access to a record or document to allow the
   9-18  department or agency to have access under the terms and conditions
   9-19  prescribed by the court.
   9-20        (d) <(c)>  A person is entitled to notice and a hearing on
   9-21  the petition.
   9-22        (e) <(d)>  Access to a confidential record under this section
   9-23  does not constitute a waiver of confidentiality.
   9-24        Sec. 48.039.  IMMUNITY.  (a)  A person filing a report under
   9-25  this chapter<, participating in an investigation required by this
   9-26  chapter,> or testifying or otherwise participating in any judicial
   9-27  proceeding arising from a petition, report, or investigation is
   10-1  immune from civil or criminal liability on account of his or her
   10-2  petition, report, testimony, or participation, unless the person
   10-3  acted in bad faith or with a malicious purpose.
   10-4        (b)  A person, including an authorized department volunteer,
   10-5  medical personnel, or law enforcement officer, who at the request
   10-6  of the department participates in an investigation required by this
   10-7  chapter or in an action that results from that investigation is
   10-8  immune from civil or criminal liability for any act or omission
   10-9  relating to that participation if the person acted in good faith
  10-10  and, if applicable, in the course and scope of the person's
  10-11  assigned responsibilities or duties.
  10-12        (c)  In this section, "volunteer" means a person who:
  10-13              (1)  renders services for or on behalf of the
  10-14  department under the supervision of a department employee; and
  10-15              (2)  does not receive compensation that exceeds the
  10-16  authorized expenses the person incurs in rendering those services.
  10-17        SECTION 11.  Section 48.040, Human Resources Code, is amended
  10-18  to read as follows:
  10-19        Sec. 48.040.  REPRESENTATION.  (a)  Except as provided by
  10-20  Subsection (b), the <The> prosecuting attorney representing the
  10-21  state in criminal cases in the county court shall represent the
  10-22  department in any proceeding <brought by the department> under this
  10-23  chapter unless the representation would be a conflict of interest.
  10-24        (b)  In a county having a population of more than 2.8
  10-25  million, the prosecuting attorney representing the state in civil
  10-26  cases in the county court shall represent the department in any
  10-27  proceeding under this chapter unless the representation would be a
   11-1  conflict of interest.
   11-2        SECTION 12.  Section 48.056, Human Resources Code, is amended
   11-3  to read as follows:
   11-4        Sec. 48.056.  AGENCY POWERS.  A protective services agency
   11-5  may furnish protective services to an elderly or disabled person
   11-6  with the person's consent or, if the person lacks the capacity to
   11-7  consent,  without that person's consent as provided by this
   11-8  chapter.
   11-9        SECTION 13.  Sections 48.061(b), (c), (d), (e), and (h),
  11-10  Human Resources Code, are amended to read as follows:
  11-11        (b)  If the department determines that an elderly or disabled
  11-12  person is suffering from abuse, exploitation, or neglect presenting
  11-13  a threat to life or physical safety, that the person lacks capacity
  11-14  to consent to receive protective services, and that no consent can
  11-15  be obtained, the department may petition the probate or statutory
  11-16  or constitutional county court that has probate jurisdiction in the
  11-17  county in which the elderly or disabled person resides for an
  11-18  emergency order authorizing protective services.
  11-19        (c)  The petition shall be verified and shall include:
  11-20              (1)  the name, age, and address of the elderly or
  11-21  disabled person who needs protective services;
  11-22              (2)  <,> the nature of the abuse, exploitation, or
  11-23  neglect;
  11-24              (3)  <,> the services needed;<,> and
  11-25              (4)  a medical report signed by a physician stating
  11-26  that the person is suffering from abuse, exploitation, or neglect
  11-27  presenting a threat to life or physical safety and stating that the
   12-1  person is physically or mentally incapable of consenting to
   12-2  services unless the court finds that an immediate danger to the
   12-3  health or safety of the elderly or disabled person exists and there
   12-4  is not sufficient time to obtain the medical report.
   12-5        (d)  On finding that there is reasonable cause to believe
   12-6  that abuse, exploitation, or neglect presents a threat to life or
   12-7  physical safety for the elderly or disabled person and that the
   12-8  elderly or disabled person lacks capacity to consent to services,
   12-9  the court may:
  12-10              (1)  order removal of the elderly or disabled person to
  12-11  safer surroundings;
  12-12              (2)  order<, authorize> medical services; <treatment,>
  12-13  and
  12-14              (3)  order other available services necessary to remove
  12-15  conditions creating the threat to life or physical safety,
  12-16  including the services of law enforcement officers or emergency
  12-17  medical services personnel.
  12-18        (e)  The emergency order expires at the end of 72 hours from
  12-19  the time of the order unless the 72-hour period ends on a Saturday,
  12-20  Sunday, or legal holiday in which event the order is automatically
  12-21  extended to 4 p.m. on the first succeeding business day.  An order
  12-22  may be renewed for not more than 14 <two> additional days <72-hour
  12-23  periods>. A renewal order that ends on a Saturday, Sunday, or legal
  12-24  holiday is automatically extended to 4 p.m. on the first succeeding
  12-25  business day.  The court may modify or terminate the emergency
  12-26  order on petition of the department, the incompetent person, or any
  12-27  person interested in his welfare.
   13-1        (h)  If the department cannot obtain an emergency order under
   13-2  this section because the court is closed on a Saturday, Sunday, or
   13-3  legal holiday or after 5 p.m., the department may remove the
   13-4  elderly or disabled person to safer surroundings, authorize medical
   13-5  treatment, or order or provide other available services necessary
   13-6  to remove conditions creating the threat to life or physical
   13-7  safety.  The department must obtain an emergency order under this
   13-8  section not later than 4 p.m. on the first succeeding business day
   13-9  after the date on which protective services are provided.  If the
  13-10  department does not obtain an emergency order, the department shall
  13-11  cease providing protective services and, if necessary, make
  13-12  arrangements for the immediate return of the person to the place
  13-13  from which the person was removed, <of apprehension or> to the
  13-14  person's place of residence in the state, or to another <other>
  13-15  suitable place.
  13-16        SECTION 14.  Chapter 48, Human Resources Code, is amended by
  13-17  amending Subchapter E and adding Subchapter F to read as follows:
  13-18          SUBCHAPTER  E. INVESTIGATIONS IN CERTAIN FACILITIES
  13-19        Sec. 48.081.  INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
  13-20  IN COMMUNITY CENTERS.  (a)  The department shall receive and
  13-21  investigate reports of the abuse, neglect, or exploitation of an
  13-22  individual:
  13-23              (1)  receiving services in a facility operated by the
  13-24  Texas Department of Mental Health and Mental Retardation; or
  13-25              (2)  being provided services through a program under
  13-26  contract with a facility operated by the Texas Department of Mental
  13-27  Health and Mental Retardation.
   14-1        (b)  The department and the Texas Department of Mental Health
   14-2  and Mental Retardation shall develop joint rules to facilitate
   14-3  investigations in state mental health and mental retardation
   14-4  facilities.
   14-5        (c)  The department shall receive and investigate a report of
   14-6  the alleged abuse, neglect, or exploitation of an individual
   14-7  receiving services in a community center or from a program
   14-8  providing services under contract with a community center.
   14-9        (d)  The department shall forward to a state mental health or
  14-10  mental retardation facility, a community center, or a program
  14-11  providing mental health or mental retardation services under
  14-12  contract with such a facility or community center:
  14-13              (1)  a copy of any report the department receives
  14-14  relating to alleged or suspected abuse, neglect, or exploitation of
  14-15  an individual receiving services from that facility, community
  14-16  center, or program; and
  14-17              (2)  a copy of the department's investigation findings
  14-18  and report.
  14-19        (e)  After completion of the appeals process, the department
  14-20  shall refer a complaint relating to an investigation conducted by
  14-21  the department under this section to the department's ombudsman
  14-22  office for appropriate action.
  14-23        (f)  If the department's investigation under this section
  14-24  reveals that an elderly or disabled person has been abused by
  14-25  another person in a manner that constitutes a criminal offense
  14-26  under any law, including Section 22.04, Penal Code, a copy of the
  14-27  investigation shall be submitted to the appropriate law enforcement
   15-1  agency.
   15-2        (g)  In this section, "community center" has the meaning
   15-3  assigned by Section 531.002, Health and Safety Code.
   15-4        Sec. 48.082.  INVESTIGATION OF REPORTS IN OTHER STATE
   15-5  FACILITIES.  (a)  If a person has reasonable cause to believe that
   15-6  an elderly or disabled person has been abused, exploited, or
   15-7  neglected in a facility operated, licensed, certified, or
   15-8  registered by a state agency other than the Texas Department of
   15-9  Mental Health and Mental Retardation, the person shall report the
  15-10  information to the state agency that operates, licenses, certifies,
  15-11  or registers the facility for investigation by that agency.
  15-12        (b)  If the department receives a report under this section
  15-13  relating to an elderly or disabled person in a facility operated,
  15-14  licensed, certified, or registered by a state agency other than the
  15-15  Texas Department of Mental Health and Mental Retardation, the
  15-16  department shall refer the report to that agency.
  15-17        (c)  A state agency that receives a report under this section
  15-18  shall make a thorough investigation promptly after receiving a
  15-19  report that an elderly or disabled person has been or may be
  15-20  abused, exploited, or neglected in a facility operated, licensed,
  15-21  certified, or registered by the agency.  The primary purpose of the
  15-22  investigation is the protection of the elderly or disabled person.
  15-23        (d)  The state agency shall prepare and keep on file a
  15-24  complete written report of each investigation conducted by the
  15-25  state agency under this section.
  15-26        (e)  If the state agency's investigation under this section
  15-27  reveals that an elderly or disabled person has been abused by
   16-1  another person in a manner that constitutes a criminal offense
   16-2  under any law, including Section 22.04, Penal Code, a copy of the
   16-3  investigation shall be submitted to the appropriate law enforcement
   16-4  agency.
   16-5        (f)  A state agency that receives a complaint relating to an
   16-6  investigation conducted under this section shall refer the
   16-7  complaint to its governing board or other entity designated to
   16-8  receive such complaints for review and appropriate action.
   16-9        Sec. 48.083.  RULES.  (a)  Each state agency, other than the
  16-10  Texas Department of Mental Health and Mental Retardation, that
  16-11  operates, licenses, certifies, or registers a facility in which
  16-12  elderly or disabled persons are located shall adopt rules relating
  16-13  to the investigation and resolution of reports received under
  16-14  Section 48.082.
  16-15        (b)  The Health and Human Services Commission shall review
  16-16  and approve the rules to ensure that all agencies implement
  16-17  appropriate standards for the conduct of investigations and that
  16-18  uniformity exists among agencies in the investigation and
  16-19  resolution of reports.
  16-20        Sec. 48.084.  STATISTICS.  (a)  Each state agency, other than
  16-21  the Texas Department of Mental Health and Mental Retardation, that
  16-22  operates, licenses, certifies, or registers a facility in which
  16-23  elderly or disabled persons are located shall compile and maintain
  16-24  statistics on the incidence of abuse, neglect, or exploitation of
  16-25  elderly or disabled persons that occurs in the facilities.
  16-26        (b)  The agency shall make the statistics available to the
  16-27  Health and Human Services Commission on request.
   17-1        Sec. 48.085.  INVESTIGATIONS IN NURSING HOMES AND SIMILAR
   17-2  FACILITIES.  (a)  This subchapter does not apply if the alleged or
   17-3  suspected abuse, neglect, or exploitation occurs in a facility
   17-4  licensed under Chapter 242, Health and Safety Code.
   17-5        (b)  Alleged or suspected abuse, neglect, or exploitation
   17-6  that occurs in a facility licensed under Chapter 242, Health and
   17-7  Safety Code, is governed by Subchapter B, Chapter 242, Health and
   17-8  Safety Code.
   17-9            (Sections 48.086-48.100 reserved for expansion
  17-10                SUBCHAPTER F. MISCELLANEOUS PROVISIONS
  17-11        Sec. 48.101 <48.083>.  CONFIDENTIALITY AND DISCLOSURE OF
  17-12  INFORMATION; AGENCY EXCHANGE OF INFORMATION <RECORDS>.  (a)  The
  17-13  following information is confidential and not subject to disclosure
  17-14  under Chapter 552, Government Code:
  17-15              (1)  a report of abuse, neglect, or exploitation made
  17-16  under this chapter;
  17-17              (2)  the identity of the person making the report; and
  17-18              (3)  except as provided by this section, all files,
  17-19  reports, records, communications, and working papers used or
  17-20  developed in an investigation made under this chapter or in
  17-21  providing services as a result of an investigation.
  17-22        (b)  Confidential information may be disclosed only for a
  17-23  purpose consistent with this chapter and as provided by department
  17-24  rule and applicable federal law.
  17-25        (c)  A court may order disclosure of confidential information
  17-26  only if:
  17-27              (1)  a motion is filed with the court  requesting
   18-1  release of the information and a hearing on that request;
   18-2              (2)  notice of that hearing is served on the department
   18-3  and each interested party; and
   18-4              (3)  the court determines after the hearing and an in
   18-5  camera review of the information that disclosure is essential to
   18-6  the administration of justice and will not endanger the life or
   18-7  safety of any individual who:
   18-8                    (A)  is the subject of a report of abuse,
   18-9  neglect, or exploitation;
  18-10                    (B)  makes a report of abuse, neglect, or
  18-11  exploitation; or
  18-12                    (C)  participates in an investigation of reported
  18-13  abuse, neglect, or exploitation.
  18-14        (d)  The department by rule shall provide for the release on
  18-15  request to a person who is the subject of a report of abuse,
  18-16  neglect, or exploitation or to that person's legal representative
  18-17  of otherwise confidential information relating to that report.  The
  18-18  department shall edit the information before release to protect the
  18-19  confidentiality of information relating to the reporter's identity
  18-20  and to protect any other individual whose safety or welfare may be
  18-21  endangered by disclosure.
  18-22        (e)  The department may adopt rules relating to the release
  18-23  of information contained in the record of a deceased individual to
  18-24  whom the department has provided protective services.  The rules
  18-25  must be consistent with the purposes of this chapter and any
  18-26  applicable state or federal law.
  18-27        (f)  The department may establish procedures to exchange with
   19-1  another state agency or governmental entity information that is
   19-2  necessary for the department or the agency or entity to properly
   19-3  execute its respective duties and responsibilities to provide
   19-4  services to elderly or disabled persons under this chapter or other
   19-5  law.  An exchange of information under this subsection does not
   19-6  affect whether the information is subject to disclosure under
   19-7  Chapter 552, Government Code.  <The records of the department or
   19-8  other agency pertaining to an elderly or disabled person who is
   19-9  protected under this chapter or for whom an application for
  19-10  protection has been made are not open to public inspection.
  19-11  Information contained in the records may not be disclosed publicly
  19-12  in a manner that will identify an individual, but the records shall
  19-13  be available on application for cause to persons approved by the
  19-14  court having jurisdiction of the case under Chapter V, Texas
  19-15  Probate Code.>
  19-16        Sec. 48.102 <48.084>.  OBJECTION TO MEDICAL TREATMENT.  This
  19-17  chapter does not authorize or require any medical treatment of a
  19-18  person who objects on the grounds that he is an adherent or member
  19-19  of a recognized church or religious denomination the tenets and
  19-20  practice of which may include reliance solely upon spiritual means
  19-21  through prayer for healing.
  19-22        Sec. 48.103.  INTERFERENCE WITH INVESTIGATION OR SERVICES
  19-23  PROHIBITED.  (a)  A person may not interfere with:
  19-24              (1)  an investigation by the department or by a
  19-25  protective services agency of alleged abuse, neglect, or
  19-26  exploitation of an elderly or disabled person; or
  19-27              (2)  the provision of protective services to an elderly
   20-1  or disabled person.
   20-2        (b)  The department or a protective services agency may
   20-3  petition the appropriate court to enjoin any interference with:
   20-4              (1)  an investigation of alleged abuse, neglect, or
   20-5  exploitation; or
   20-6              (2)  the provision of protective services such as
   20-7  removal of the elderly or disabled person to safer surroundings or
   20-8  safeguarding the person's resources from exploitation.
   20-9        SECTION 15.  The following provisions of the Human Resources
  20-10  Code are repealed:
  20-11              (1)  Sections 48.036(c)-(f);
  20-12              (2)  Section 48.041; and
  20-13              (3)  Section 48.060.
  20-14        SECTION 16.  This Act takes effect September 1, 1995.
  20-15        SECTION 17.  The importance of this legislation and the
  20-16  crowded condition of the calendars in both houses create an
  20-17  emergency and an imperative public necessity that the
  20-18  constitutional rule requiring bills to be read on three several
  20-19  days in each house be suspended, and this rule is hereby suspended.