SRC-CDH S.B. 61 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 61
By: Zaffirini
Health and Human Services
1-27-97
As Filed


DIGEST 

Currently, under Chapter 48 of the Human Resources Code, the failure to
report abuse or neglect for employees of the Department of Mental Health
and Mental Retardation is a Class B misdemeanor while failure to report
under the Human Resources Code for nursing home employees is a Class A
misdemeanor.  S.B. 61 increases the offense for failure to report abuse of
persons who are elderly or disabled from a Class B misdemeanor to a Class
A misdemeanor offense to make the penalties consistent.   

PURPOSE

As proposed, S.B. 61 raises the penalty for failure to report abuse of
persons who are elderly or disabled. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 48.0361(a), Human Resources Code, to provide
that a person commits a Class A, rather than a Class B, misdemeanor
offense if the person has cause to believe that an elderly or disabled
person has been or is being abused, exploited, or neglected and knowingly
fails to report in accordance with Section 48.036 or Subchapter E, Human
Resources Code.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1997.

SECTION 4.  Emergency clause.