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><> to investigate the abuse,
   1-36  exploitation, or neglect of an elderly or disabled person and to
   1-37  provide protective services to that person.
   1-38        SECTION 3.  Section 48.002, Human Resources Code, is amended
   1-39  to read as follows:
   1-40        Sec. 48.002.  DEFINITIONS.  In this chapter:
   1-41              (1)  "Elderly person" means a person 65 years of age or
   1-42  older.
   1-43              (2)  "Abuse" means:
   1-44                    (A)  the negligent or wilful infliction of
   1-45  injury, unreasonable confinement, intimidation, or cruel punishment
   1-46  with resulting physical or emotional harm or pain; or
   1-47                    (B)  sexual abuse, including any involuntary or
   1-48  nonconsensual sexual conduct that would constitute an offense
   1-49  under:
   1-50                          (i)  Section 21.08, Penal Code (indecent
   1-51  exposure); or
   1-52                          (ii)  Chapter 22, Penal Code (assaultive
   1-53  offenses) <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                               * * * * *