SRC-MAX S.B. 116 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 116
By: Zaffirini
Health and Human Services
1-23-96
As Filed

DIGEST 

In 1996, the Texas Department of Mental Health and Mental Retardation
experienced an increase in the number of investigations of abuse and
neglect.  This increase was due in part to the fact that each health and
human services agency has its own set of definitions of abuse, neglect,
and exploitation which could have hampered certain investigative
processes. S.B. 116 makes the definition of abuse, neglect, and
exploitation consistent throughout all health and human services agencies
and any subsequent investigations dealing with alleged abuse, neglect, and
exploitation.  

PURPOSE

As proposed, S.B. 116 requires a state agency that operates, licenses,
certifies, or registers a facility in which children are located to
investigate alleged instances of abuse, neglect, or exploitation. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a state agency that operates, licenses,
certifies, or registers a facility in which children are located in
SECTION 2 (Sec. 261.401(b), Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 261.001(1) and (4), Family Code, to redefine
"abuse" and "neglect." 

SECTION 2. Amends Section 261.401, Family Code, to require a state agency
that operates, licenses, certifies, or registers a facility in which
children are located to investigate a report that a child has been abused,
exploited, or neglected in the facility.  Requires an agency to adopt
rules that describe conduct that constitutes abuse, exploitation, or
neglect for purposes of the investigation and resolution of the reports
and to afford a child the same or greater standard of protection as
prescribed by the definitions of those terms under Section 261.001.  Makes
a conforming change.  

SECTION 3. Amends Sections 261.402(b), (d), and (e), Family Code, to make
conforming changes. 

SECTION 4. Amends Section 261.403(b), Family Code, to make a conforming
change. 

SECTION 5. Amends Section 261.404, Family Code, to make a conforming
change. 

SECTION 6. Amends Section 48.036(a), Human Resources Code, to require a
person who believes that an elderly or disabled person is in the state of
abuse, exploitation, or neglect to immediately report the information to
the Department of Protective and Regulatory Services. 

SECTION 7. Amends Section 48.082(a), Human Resources Code, to make a
conforming change. 

SECTION 8. Makes application of this Act prospective.   

SECTION 9. Makes application of Sections 6 and 7 of this Act prospective.  

SECTION 10. Effective date:  September 1, 1997.

SECTION 11. Emergency clause.