By: Zaffirini S.B. No. 116
A BILL TO BE ENTITLED
AN ACT
1-1 relating to investigations of and the offense of failure to report
1-2 alleged abuse, neglect, or exploitation of individuals in certain
1-3 facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 261.401, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency
1-8 that operates, licenses, certifies, or registers a facility in
1-9 which children are located shall make a prompt, thorough
1-10 investigation of a report that a child has been or may be abused,
1-11 exploited, or neglected in the facility. The primary purpose of
1-12 the investigation shall be the protection of the child.
1-13 (b) A state agency shall adopt rules relating to the
1-14 investigation and resolution of reports received as provided by
1-15 this subchapter.
1-16 (c) The definitions of abuse and neglect under Section
1-17 261.001 do not apply to an investigation under this section. A
1-18 state agency shall adopt rules that define abuse and neglect and
1-19 that provide a child located in a facility operated, licensed,
1-20 certified, or registered by the state agency at least as great a
1-21 level of protection from abuse, neglect, or exploitation as
1-22 provided by Section 261.001.
1-23 (d) The Health and Human Services Commission shall review
2-1 and approve the rules to ensure that all agencies implement
2-2 appropriate standards for the conduct of investigations and that
2-3 uniformity exists among agencies in the investigation and
2-4 resolution of reports.
2-5 SECTION 2. Subsections (b), (d), and (e), Section 261.402,
2-6 Family Code, are amended to read as follows:
2-7 (b) A state agency shall immediately notify the appropriate
2-8 state or local law enforcement agency of any report the agency
2-9 receives, other than a report from a law enforcement agency, that
2-10 concerns the suspected abuse, exploitation, or neglect of a child
2-11 or the death of a child from abuse or neglect. If the state agency
2-12 finds evidence indicating that a child may have been abused,
2-13 exploited, or neglected, the agency shall report the evidence to
2-14 the appropriate law enforcement agency.
2-15 (d) A state agency that licenses, certifies, or registers a
2-16 facility in which children are located shall compile, maintain, and
2-17 make available statistics on the incidence of child abuse,
2-18 exploitation, and neglect in the facility.
2-19 (e) A state agency shall compile, maintain, and make
2-20 available statistics on the incidence of child abuse, exploitation,
2-21 and neglect in a facility operated by the state agency.
2-22 SECTION 3. Subsection (b), Section 261.403, Family Code, is
2-23 amended to read as follows:
2-24 (b) The board of a state agency that operates a facility in
2-25 which children are located shall ensure that the procedure for
3-1 investigating abuse, exploitation, and neglect allegations and
3-2 inquiries in the agency's facility is periodically reviewed under
3-3 the agency's internal audit program required by Chapter 2102,
3-4 Government Code.
3-5 SECTION 4. Section 261.404, Family Code, is amended to read
3-6 as follows:
3-7 Sec. 261.404. INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
3-8 OF MENTAL HEALTH AND MENTAL RETARDATION. (a) The department shall
3-9 investigate a report of abuse, exploitation, or neglect in a
3-10 facility operated by, regulated by, or providing services under a
3-11 contract with the Texas Department of Mental Health and Mental
3-12 Retardation under rules developed jointly between the department
3-13 and the Texas Department of Mental Health and Mental Retardation.
3-14 (b) The definitions of abuse and neglect under Section
3-15 261.001 do not apply to an investigation under this section or
3-16 Chapter 48, Human Resources Code. The Board of Protective and
3-17 Regulatory Services shall adopt rules that define abuse and neglect
3-18 and that provide a child located in a facility operated or
3-19 regulated by, or providing services under a contract with, the
3-20 Texas Department of Mental Health and Mental Retardation at least
3-21 as great a level of protection from abuse, neglect, or exploitation
3-22 as provided by Section 261.001.
3-23 SECTION 5. Subsection (a), Section 48.036, Human Resources
3-24 Code, is amended to read as follows:
3-25 (a) Except as prescribed by Section 48.082, a person having
4-1 reasonable cause to believe that an elderly or disabled person is
4-2 in the state of abuse, exploitation, or neglect shall immediately
4-3 report the information to the department.
4-4 SECTION 6. Subsection (a), Section 48.082, Human Resources
4-5 Code, is amended to read as follows:
4-6 (a) If a person has reasonable cause to believe that an
4-7 elderly or disabled person has been abused, exploited, or neglected
4-8 in a facility operated, licensed, certified, or registered by a
4-9 state agency other than the Texas Department of Mental Health and
4-10 Mental Retardation, the person shall immediately report the
4-11 information to the state agency that operates, licenses, certifies,
4-12 or registers the facility for investigation by that agency.
4-13 SECTION 7. (a) This Act takes effect September 1, 1997.
4-14 (b) A state agency required to adopt rules under this Act
4-15 shall adopt rules not later than December 31, 1997.
4-16 Notwithstanding the change in law made by this Act, the definitions
4-17 of abuse and neglect under Section 261.001, Family Code, apply to
4-18 an investigation until the date the state agency adopts rules under
4-19 this Act.
4-20 (c) The change in law made by this Act applies only to an
4-21 investigation of an allegation of abuse, neglect, or exploitation
4-22 that is initiated on or after January 1, 1998. An investigation
4-23 initiated before that date is governed by the law in effect on the
4-24 date the investigation was initiated, and the former law is
4-25 continued in effect for that purpose.
5-1 (d) The change in law made to Subsection (a), Section
5-2 48.036, and Subsection (a), Section 48.082, Human Resources Code,
5-3 by Sections 5 and 6 of this Act applies only to conduct
5-4 constituting an offense that occurs on or after the effective date
5-5 of this Act. For purposes of this section, conduct that
5-6 constitutes an offense occurs before the effective date of this Act
5-7 if any element of the offense occurs before the effective date.
5-8 (e) Conduct constituting an offense that occurs before the
5-9 effective date of this Act is covered by the law in effect when the
5-10 conduct occurred, and the former law is continued in effect for
5-11 that purpose.
5-12 SECTION 8. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.