1-1 By: Naishtat, Hilderbran (Senate Sponsor - Rosson) H.B. No. 1111
1-2 (In the Senate - Received from the House May 5, 1995;
1-3 May 8, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 17, 1995, reported favorably, as amended,
1-5 by the following vote: Yeas 9, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-8 Amend H.B. No. 1111 by adding a new SECTION, appropriately
1-9 numbered, to read as follows and renumbering subsequent sections
1-10 accordingly:
1-11 SECTION ____. Section 48.040, Human Resources Code, is
1-12 amended to read as follows:
1-13 Sec. 48.040. REPRESENTATION. (a) Except as provided by
1-14 Subsection (b), the <The> prosecuting attorney representing the
1-15 state in criminal cases in the county court shall represent the
1-16 department in any proceeding <brought by the department> under this
1-17 chapter unless the representation would be a conflict of interest.
1-18 (b) In a county having a population of more than 2.8
1-19 million, the prosecuting attorney representing the state in civil
1-20 cases in the county court shall represent the department in any
1-21 proceeding under this chapter unless the representation would be a
1-22 conflict of interest.
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the provision of protective services to persons who are
1-26 elderly or disabled.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. The heading of Chapter 48, Human Resources Code,
1-29 is amended to read as follows:
1-30 CHAPTER 48. PROTECTIVE SERVICES FOR <THE> ELDERLY
1-31 AND DISABLED PERSONS
1-32 SECTION 2. Section 48.001, Human Resources Code, is amended
1-33 to read as follows:
1-34 Sec. 48.001. PURPOSE. The purpose of this chapter is to
1-35 provide for the authority <right><or mental anguish or the wilful deprivation by a
1-54 caretaker or one's self of goods or services which are necessary to
1-55 avoid physical harm, mental anguish, or mental illness>.
1-56 (3) "Exploitation" means the illegal or improper act
1-57 or process of a caretaker, family member, or other individual who
1-58 has an ongoing relationship with the elderly or disabled person
1-59 using the resources of an elderly or disabled person for monetary
1-60 or personal benefit, profit, or gain without the informed consent
1-61 of the elderly or disabled person.
1-62 (4) "Neglect" means the failure to provide for one's
1-63 self the goods or services, including medical services, which are
1-64 necessary to avoid physical or emotional harm or pain<, mental
1-65 anguish, or mental illness> or the failure of a caretaker to
1-66 provide such goods or services.
1-67 (5) "Protective services" means the services furnished
1-68 by the department or by a protective services agency to an elderly
2-1 or disabled person who has been determined to be in a state of
2-2 abuse, exploitation, or neglect. These services may include social
2-3 casework, case management, and arranging for psychiatric and health
2-4 evaluation, home care, day care, <legal assistance,> social
2-5 services, health care, and other services consistent with this
2-6 chapter.
2-7 (6) "Protective services agency" means a public or
2-8 private agency, corporation, board, or organization that provides
2-9 protective services to elderly or disabled persons in the state of
2-10 abuse, exploitation, or neglect.
2-11 (7) "Department" means the Department of Protective
2-12 and Regulatory <Human> Services.
2-13 (8) "Disabled person" means a person with a mental,
2-14 physical, or developmental disability that substantially impairs
2-15 the person's ability to provide adequately for the person's care or
2-16 protection and who is:
2-17 (A) 18 years of age or older; or
2-18 (B) under 18 years of age and who has had the
2-19 disabilities of minority removed.
2-20 (9) "Legal holiday" means a state holiday listed in
2-21 Subchapter B, Chapter 662, Government Code <Article 4591, Revised
2-22 Statutes>, or an officially declared county holiday.
2-23 SECTION 4. Subchapter B, Chapter 48, Human Resources Code,
2-24 is amended by amending Section 48.021 and adding Section 48.0215 to
2-25 read as follows:
2-26 Sec. 48.021. PROVISION OF SERVICES. (a) The department may
2-27 provide direct protective services or contract with protective
2-28 services agencies for the provisions of those services.
2-29 (b) The department shall use existing resources and services
2-30 of public and private agencies in providing protective services.
2-31 (c) The department and <shall cooperate with the
2-32 appropriate> law enforcement officials, courts, and agencies shall
2-33 cooperate when providing protective services.
2-34 (d) The responsibilities set forth in this Act shall be
2-35 exclusive of those designated to other state or federal agencies
2-36 authorized or required by law to provide protective services to
2-37 elderly or disabled persons determined to be in the state of abuse,
2-38 exploitation, or neglect.
2-39 Sec. 48.0215. GUARDIANSHIPS. (a) <(e)> The department
2-40 shall file an application under Chapter XIII, <Section 110A or
2-41 131(b) of the> Texas Probate Code, to be appointed guardian of the
2-42 person and estate of an individual who is a minor, is a conservatee
2-43 of the department, and, because of a physical or mental condition,
2-44 will be substantially unable to provide food, clothing, or shelter
2-45 for himself or herself, to care for the individual's own physical
2-46 health, or to manage the individual's own financial affairs when
2-47 the individual becomes an adult.
2-48 (b) As a last resort, the department may apply to be
2-49 appointed guardian of the person or estate of an elderly or
2-50 disabled person who, because of a physical or mental condition,
2-51 will be substantially unable to provide food, clothing, or shelter
2-52 for himself or herself, to care for the individual's own physical
2-53 health, or to manage the individual's own financial affairs. A
2-54 representative of the department shall take the oath required by
2-55 the Texas Probate Code on behalf of the department if the
2-56 department is appointed guardian. If the department knows that an
2-57 individual is willing and able to serve as the guardian, the
2-58 department may inform the court of that individual's willingness
2-59 and ability.
2-60 (c) If appropriate, the department may contract with a
2-61 political subdivision of this state, a private agency, or another
2-62 state agency for the provision of guardianship services under this
2-63 section. The department or a political subdivision of the state or
2-64 state agency with which the department contracts under this section
2-65 is not required to post a bond or pay any cost or fee otherwise
2-66 required by the Texas Probate Code.
2-67 (d) If the department is appointed guardian, the department
2-68 is not liable for funding services provided to the department's
2-69 ward, including long-term care or burial expenses.
2-70 SECTION 5. The heading to Subchapter C, Chapter 48, Human
3-1 Resources Code, is amended to read as follows:
3-2 SUBCHAPTER C. DEPARTMENT INVESTIGATION OF REPORTS OF SUSPECTED
3-3 ABUSE, EXPLOITATION, OR NEGLECT
3-4 SECTION 6. Section 48.036(a), Human Resources Code, is
3-5 amended to read as follows:
3-6 (a) Except as prescribed by Section 48.082 <Subsection (c)
3-7 of this section>, a person having reasonable cause to believe that
3-8 an elderly or disabled person is in the state of abuse,
3-9 exploitation, or neglect shall report the information to the
3-10 department.
3-11 SECTION 7. Section 48.0361(a), Human Resources Code, is
3-12 amended to read as follows:
3-13 (a) A person commits an offense if the person has cause to
3-14 believe that an elderly or disabled person has been abused,
3-15 exploited, or neglected or is in the state of abuse, exploitation,
3-16 or neglect and knowingly fails to report in accordance with Section
3-17 48.036 or Subchapter E <of this code>. An offense under this
3-18 subsection is a Class B misdemeanor.
3-19 SECTION 8. Section 48.037, Human Resources Code, is amended
3-20 to read as follows:
3-21 Sec. 48.037. ACTION ON REPORT. (a) Not later than 24 hours
3-22 after the department receives <upon receipt of> a report of
3-23 suspected need for protective services under Section 48.036 or
3-24 48.081, the department <or state agency, as appropriate,> shall
3-25 initiate a prompt and thorough investigation as needed to evaluate
3-26 the accuracy of the report and to assess the need for protective
3-27 services <determine whether the elderly or disabled person is in
3-28 need of protective services>, unless the department <or state
3-29 agency, as appropriate,> determines that the report:
3-30 (1) is frivolous or patently without a factual basis;
3-31 or
3-32 (2) does not concern abuse, neglect, or exploitation,
3-33 as those terms are defined by Section 48.002 for an investigation
3-34 under this subchapter or as defined by department rules for an
3-35 investigation under Subchapter E.
3-36 (b) The department shall adopt rules for conducting
3-37 investigations under this chapter <Each state agency that
3-38 operates, licenses, certifies, or registers a facility in which
3-39 elderly or disabled persons are located shall adopt rules relating
3-40 to the investigation and resolution of reports received under
3-41 Section 48.036 of this code. The department shall review and
3-42 approve such rules to assure that all agencies implement
3-43 appropriate standards for the conduct of investigations and that
3-44 uniformity exists among agencies in the investigation and
3-45 resolution of reports>.
3-46 SECTION 9. Sections 48.038(a), (b), (d), (e), and (f), Human
3-47 Resources Code, are amended to read as follows:
3-48 (a) In an investigation the department or state agency, as
3-49 appropriate, shall determine:
3-50 (1) whether the person needs protective services from
3-51 the department;
3-52 (2) what services are needed;
3-53 (3) whether services are available from the
3-54 department, state agency, or in the community and how they can be
3-55 provided;
3-56 (4) whether the person would be capable of obtaining
3-57 services for himself and could bear the cost or would be eligible
3-58 for services from the department or state agency;
3-59 (5) whether a caretaker would be willing to provide
3-60 services or would agree to their provisions;
3-61 (6) whether the elderly or disabled person desires the
3-62 services; and
3-63 (7) other pertinent data.
3-64 (b) An investigation by the department or a state agency
3-65 shall include an interview with the elderly or disabled person, if
3-66 appropriate, and <a visit to the elderly or disabled person's place
3-67 of residence and consultation> with persons thought to have
3-68 knowledge of the circumstances. The investigation may include an
3-69 interview with an alleged juvenile perpetrator of the alleged
3-70 abuse, neglect, or exploitation. The department or state agency
4-1 may conduct an interview under this subsection in private or may
4-2 include any person the department or agency determines is
4-3 necessary.
4-4 (d) A peace officer shall accompany and assist the person
4-5 making a court-ordered <forcible> entry under this section, if in
4-6 the opinion of the court such action is necessary.
4-7 (e) The department shall prepare and keep on file a
4-8 <complete written> report of each investigation conducted by the
4-9 department. <Each state agency shall prepare and keep on file a
4-10 complete written report of each investigation conducted by the
4-11 state agency. Each state agency shall submit a copy of each report
4-12 relating to abuse, exploitation, or neglect that occurred in a
4-13 facility operated by the state agency to the department. The
4-14 report shall include any recommendations that the department shall
4-15 provide protective services and shall be forwarded to the
4-16 department within 24 hours of the state agency's determination that
4-17 protective services are needed.>
4-18 (f) If the department's investigation reveals that the
4-19 elderly or disabled person has been <physically> abused by another
4-20 person in a manner that constitutes a criminal offense under any
4-21 law, including Section 22.04, Penal Code, a copy of the <report of
4-22 the> investigation shall be submitted to the appropriate law
4-23 enforcement agency.
4-24 SECTION 10. Sections 48.0385 and 48.039, Human Resources
4-25 Code, are amended to read as follows:
4-26 Sec. 48.0385. ACCESS TO RECORDS OR DOCUMENTS. (a) The
4-27 department or state agency, as appropriate, shall have access to
4-28 any records or documents, including client-identifying
4-29 information<,> and medical and psychological records, necessary to
4-30 the performance of the department's or state agency's duties
4-31 <required> under this chapter. The duties include but are not
4-32 limited to the investigation of abuse, exploitation, or neglect and
4-33 the provisions of services to an elderly or disabled person. A
4-34 person or agency that has a record or document that the department
4-35 or state agency needs to perform its duties under this chapter
4-36 shall, without unnecessary delay, make the record or document
4-37 available to the department or agency.
4-38 (b) If the department or another state agency cannot obtain
4-39 access to a record or document that is necessary to properly
4-40 conduct an investigation or to perform another duty under this
4-41 chapter, the department or agency may petition the probate court or
4-42 the statutory or constitutional county court having probate
4-43 jurisdiction for access to the record or document.
4-44 (c) <(b)> On good cause shown, the court shall order the
4-45 person who denied access to a record or document to allow the
4-46 department or agency to have access under the terms and conditions
4-47 prescribed by the court.
4-48 (d) <(c)> A person is entitled to notice and a hearing on
4-49 the petition.
4-50 (e) <(d)> Access to a confidential record under this section
4-51 does not constitute a waiver of confidentiality.
4-52 Sec. 48.039. IMMUNITY. (a) A person filing a report under
4-53 this chapter<, participating in an investigation required by this
4-54 chapter,> or testifying or otherwise participating in any judicial
4-55 proceeding arising from a petition, report, or investigation is
4-56 immune from civil or criminal liability on account of his or her
4-57 petition, report, testimony, or participation, unless the person
4-58 acted in bad faith or with a malicious purpose.
4-59 (b) A person, including an authorized department volunteer,
4-60 medical personnel, or law enforcement officer, who at the request
4-61 of the department participates in an investigation required by this
4-62 chapter or in an action that results from that investigation is
4-63 immune from civil or criminal liability for any act or omission
4-64 relating to that participation if the person acted in good faith
4-65 and, if applicable, in the course and scope of the person's
4-66 assigned responsibilities or duties.
4-67 (c) In this section, "volunteer" means a person who:
4-68 (1) renders services for or on behalf of the
4-69 department under the supervision of a department employee; and
4-70 (2) does not receive compensation that exceeds the
5-1 authorized expenses the person incurs in rendering those services.
5-2 SECTION 11. Section 48.056, Human Resources Code, is amended
5-3 to read as follows:
5-4 Sec. 48.056. AGENCY POWERS. A protective services agency
5-5 may furnish protective services to an elderly or disabled person
5-6 with the person's consent or, if the person lacks the capacity to
5-7 consent, without that person's consent as provided by this
5-8 chapter.
5-9 SECTION 12. Sections 48.061(b), (c), (d), (e), and (h),
5-10 Human Resources Code, are amended to read as follows:
5-11 (b) If the department determines that an elderly or disabled
5-12 person is suffering from abuse, exploitation, or neglect presenting
5-13 a threat to life or physical safety, that the person lacks capacity
5-14 to consent to receive protective services, and that no consent can
5-15 be obtained, the department may petition the probate or statutory
5-16 or constitutional county court that has probate jurisdiction in the
5-17 county in which the elderly or disabled person resides for an
5-18 emergency order authorizing protective services.
5-19 (c) The petition shall be verified and shall include:
5-20 (1) the name, age, and address of the elderly or
5-21 disabled person who needs protective services;
5-22 (2) <,> the nature of the abuse, exploitation, or
5-23 neglect;
5-24 (3) <,> the services needed;<,> and
5-25 (4) a medical report signed by a physician stating
5-26 that the person is suffering from abuse, exploitation, or neglect
5-27 presenting a threat to life or physical safety and stating that the
5-28 person is physically or mentally incapable of consenting to
5-29 services unless the court finds that an immediate danger to the
5-30 health or safety of the elderly or disabled person exists and there
5-31 is not sufficient time to obtain the medical report.
5-32 (d) On finding that there is reasonable cause to believe
5-33 that abuse, exploitation, or neglect presents a threat to life or
5-34 physical safety for the elderly or disabled person and that the
5-35 elderly or disabled person lacks capacity to consent to services,
5-36 the court may:
5-37 (1) order removal of the elderly or disabled person to
5-38 safer surroundings;
5-39 (2) order<, authorize> medical services; <treatment,>
5-40 and
5-41 (3) order other available services necessary to remove
5-42 conditions creating the threat to life or physical safety,
5-43 including the services of law enforcement officers or emergency
5-44 medical services personnel.
5-45 (e) The emergency order expires at the end of 72 hours from
5-46 the time of the order unless the 72-hour period ends on a Saturday,
5-47 Sunday, or legal holiday in which event the order is automatically
5-48 extended to 4 p.m. on the first succeeding business day. An order
5-49 may be renewed for not more than 14 <two> additional days <72-hour
5-50 periods>. A renewal order that ends on a Saturday, Sunday, or legal
5-51 holiday is automatically extended to 4 p.m. on the first succeeding
5-52 business day. The court may modify or terminate the emergency
5-53 order on petition of the department, the incompetent person, or any
5-54 person interested in his welfare.
5-55 (h) If the department cannot obtain an emergency order under
5-56 this section because the court is closed on a Saturday, Sunday, or
5-57 legal holiday or after 5 p.m., the department may remove the
5-58 elderly or disabled person to safer surroundings, authorize medical
5-59 treatment, or order or provide other available services necessary
5-60 to remove conditions creating the threat to life or physical
5-61 safety. The department must obtain an emergency order under this
5-62 section not later than 4 p.m. on the first succeeding business day
5-63 after the date on which protective services are provided. If the
5-64 department does not obtain an emergency order, the department shall
5-65 cease providing protective services and, if necessary, make
5-66 arrangements for the immediate return of the person to the place
5-67 from which the person was removed, <of apprehension or> to the
5-68 person's place of residence in the state, or to another <other>
5-69 suitable place.
5-70 SECTION 13. Chapter 48, Human Resources Code, is amended by
6-1 amending Subchapter E and adding Subchapter F to read as follows:
6-2 SUBCHAPTER E. INVESTIGATIONS IN CERTAIN FACILITIES
6-3 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
6-4 IN COMMUNITY CENTERS. (a) The department shall receive and
6-5 investigate reports of the abuse, neglect, or exploitation of an
6-6 individual:
6-7 (1) receiving services in a facility operated by the
6-8 Texas Department of Mental Health and Mental Retardation; or
6-9 (2) being provided services through a program under
6-10 contract with a facility operated by the Texas Department of Mental
6-11 Health and Mental Retardation.
6-12 (b) The department and the Texas Department of Mental Health
6-13 and Mental Retardation shall develop joint rules to facilitate
6-14 investigations in state mental health and mental retardation
6-15 facilities.
6-16 (c) The department shall receive and investigate a report of
6-17 the alleged abuse, neglect, or exploitation of an individual
6-18 receiving services in a community center or from a program
6-19 providing services under contract with a community center.
6-20 (d) The department shall forward to a state mental health or
6-21 mental retardation facility, a community center, or a program
6-22 providing mental health or mental retardation services under
6-23 contract with such a facility or community center:
6-24 (1) a copy of any report the department receives
6-25 relating to alleged or suspected abuse, neglect, or exploitation of
6-26 an individual receiving services from that facility, community
6-27 center, or program; and
6-28 (2) a copy of the department's investigation findings
6-29 and report.
6-30 (e) After completion of the appeals process, the department
6-31 shall refer a complaint relating to an investigation conducted by
6-32 the department under this section to the department's ombudsman
6-33 office for appropriate action.
6-34 (f) If the department's investigation under this section
6-35 reveals that an elderly or disabled person has been abused by
6-36 another person in a manner that constitutes a criminal offense
6-37 under any law, including Section 22.04, Penal Code, a copy of the
6-38 investigation shall be submitted to the appropriate law enforcement
6-39 agency.
6-40 (g) In this section, "community center" has the meaning
6-41 assigned by Section 531.002, Health and Safety Code.
6-42 Sec. 48.082. INVESTIGATION OF REPORTS IN OTHER STATE
6-43 FACILITIES. (a) If a person has reasonable cause to believe that
6-44 an elderly or disabled person has been abused, exploited, or
6-45 neglected in a facility operated, licensed, certified, or
6-46 registered by a state agency other than the Texas Department of
6-47 Mental Health and Mental Retardation, the person shall report the
6-48 information to the state agency that operates, licenses, certifies,
6-49 or registers the facility for investigation by that agency.
6-50 (b) If the department receives a report under this section
6-51 relating to an elderly or disabled person in a facility operated,
6-52 licensed, certified, or registered by a state agency other than the
6-53 Texas Department of Mental Health and Mental Retardation, the
6-54 department shall refer the report to that agency.
6-55 (c) A state agency that receives a report under this section
6-56 shall make a thorough investigation promptly after receiving a
6-57 report that an elderly or disabled person has been or may be
6-58 abused, exploited, or neglected in a facility operated, licensed,
6-59 certified, or registered by the agency. The primary purpose of the
6-60 investigation is the protection of the elderly or disabled person.
6-61 (d) The state agency shall prepare and keep on file a
6-62 complete written report of each investigation conducted by the
6-63 state agency under this section.
6-64 (e) If the state agency's investigation under this section
6-65 reveals that an elderly or disabled person has been abused by
6-66 another person in a manner that constitutes a criminal offense
6-67 under any law, including Section 22.04, Penal Code, a copy of the
6-68 investigation shall be submitted to the appropriate law enforcement
6-69 agency.
6-70 (f) A state agency that receives a complaint relating to an
7-1 investigation conducted under this section shall refer the
7-2 complaint to its governing board or other entity designated to
7-3 receive such complaints for review and appropriate action.
7-4 Sec. 48.083. RULES. (a) Each state agency, other than the
7-5 Texas Department of Mental Health and Mental Retardation, that
7-6 operates, licenses, certifies, or registers a facility in which
7-7 elderly or disabled persons are located shall adopt rules relating
7-8 to the investigation and resolution of reports received under
7-9 Section 48.082.
7-10 (b) The Health and Human Services Commission shall review
7-11 and approve the rules to ensure that all agencies implement
7-12 appropriate standards for the conduct of investigations and that
7-13 uniformity exists among agencies in the investigation and
7-14 resolution of reports.
7-15 Sec. 48.084. STATISTICS. (a) Each state agency, other than
7-16 the Texas Department of Mental Health and Mental Retardation, that
7-17 operates, licenses, certifies, or registers a facility in which
7-18 elderly or disabled persons are located shall compile and maintain
7-19 statistics on the incidence of abuse, neglect, or exploitation of
7-20 elderly or disabled persons that occurs in the facilities.
7-21 (b) The agency shall make the statistics available to the
7-22 Health and Human Services Commission on request.
7-23 Sec. 48.085. INVESTIGATIONS IN NURSING HOMES AND SIMILAR
7-24 FACILITIES. (a) This subchapter does not apply if the alleged or
7-25 suspected abuse, neglect, or exploitation occurs in a facility
7-26 licensed under Chapter 242, Health and Safety Code.
7-27 (b) Alleged or suspected abuse, neglect, or exploitation
7-28 that occurs in a facility licensed under Chapter 242, Health and
7-29 Safety Code, is governed by Subchapter B, Chapter 242, Health and
7-30 Safety Code.
7-31 (Sections 48.086-48.100 reserved for expansion
7-32 SUBCHAPTER F. MISCELLANEOUS PROVISIONS
7-33 Sec. 48.101 <48.083>. CONFIDENTIALITY AND DISCLOSURE OF
7-34 INFORMATION; AGENCY EXCHANGE OF INFORMATION <RECORDS>. (a) The
7-35 following information is confidential and not subject to disclosure
7-36 under Chapter 552, Government Code:
7-37 (1) a report of abuse, neglect, or exploitation made
7-38 under this chapter;
7-39 (2) the identity of the person making the report; and
7-40 (3) except as provided by this section, all files,
7-41 reports, records, communications, and working papers used or
7-42 developed in an investigation made under this chapter or in
7-43 providing services as a result of an investigation.
7-44 (b) Confidential information may be disclosed only for a
7-45 purpose consistent with this chapter and as provided by department
7-46 rule and applicable federal law.
7-47 (c) A court may order disclosure of confidential information
7-48 only if:
7-49 (1) a motion is filed with the court requesting
7-50 release of the information and a hearing on that request;
7-51 (2) notice of that hearing is served on the department
7-52 and each interested party; and
7-53 (3) the court determines after the hearing and an in
7-54 camera review of the information that disclosure is essential to
7-55 the administration of justice and will not endanger the life or
7-56 safety of any individual who:
7-57 (A) is the subject of a report of abuse,
7-58 neglect, or exploitation;
7-59 (B) makes a report of abuse, neglect, or
7-60 exploitation; or
7-61 (C) participates in an investigation of reported
7-62 abuse, neglect, or exploitation.
7-63 (d) The department by rule shall provide for the release on
7-64 request to a person who is the subject of a report of abuse,
7-65 neglect, or exploitation or to that person's legal representative
7-66 of otherwise confidential information relating to that report. The
7-67 department shall edit the information before release to protect the
7-68 confidentiality of information relating to the reporter's identity
7-69 and to protect any other individual whose safety or welfare may be
7-70 endangered by disclosure.
8-1 (e) The department may adopt rules relating to the release
8-2 of information contained in the record of a deceased individual to
8-3 whom the department has provided protective services. The rules
8-4 must be consistent with the purposes of this chapter and any
8-5 applicable state or federal law.
8-6 (f) The department may establish procedures to exchange with
8-7 another state agency or governmental entity information that is
8-8 necessary for the department or the agency or entity to properly
8-9 execute its respective duties and responsibilities to provide
8-10 services to elderly or disabled persons under this chapter or other
8-11 law. An exchange of information under this subsection does not
8-12 affect whether the information is subject to disclosure under
8-13 Chapter 552, Government Code. <The records of the department or
8-14 other agency pertaining to an elderly or disabled person who is
8-15 protected under this chapter or for whom an application for
8-16 protection has been made are not open to public inspection.
8-17 Information contained in the records may not be disclosed publicly
8-18 in a manner that will identify an individual, but the records shall
8-19 be available on application for cause to persons approved by the
8-20 court having jurisdiction of the case under Chapter V, Texas
8-21 Probate Code.>
8-22 Sec. 48.102 <48.084>. OBJECTION TO MEDICAL TREATMENT. This
8-23 chapter does not authorize or require any medical treatment of a
8-24 person who objects on the grounds that he is an adherent or member
8-25 of a recognized church or religious denomination the tenets and
8-26 practice of which may include reliance solely upon spiritual means
8-27 through prayer for healing.
8-28 Sec. 48.103. INTERFERENCE WITH INVESTIGATION OR SERVICES
8-29 PROHIBITED. (a) A person may not interfere with:
8-30 (1) an investigation by the department or by a
8-31 protective services agency of alleged abuse, neglect, or
8-32 exploitation of an elderly or disabled person; or
8-33 (2) the provision of protective services to an elderly
8-34 or disabled person.
8-35 (b) The department or a protective services agency may
8-36 petition the appropriate court to enjoin any interference with:
8-37 (1) an investigation of alleged abuse, neglect, or
8-38 exploitation; or
8-39 (2) the provision of protective services such as
8-40 removal of the elderly or disabled person to safer surroundings or
8-41 safeguarding the person's resources from exploitation.
8-42 SECTION 14. The following provisions of the Human Resources
8-43 Code are repealed:
8-44 (1) Sections 48.036(c)-(f);
8-45 (2) Section 48.041; and
8-46 (3) Section 48.060.
8-47 SECTION 15. This Act takes effect September 1, 1995.
8-48 SECTION 16. The importance of this legislation and the
8-49 crowded condition of the calendars in both houses create an
8-50 emergency and an imperative public necessity that the
8-51 constitutional rule requiring bills to be read on three several
8-52 days in each house be suspended, and this rule is hereby suspended.
8-53 * * * * *