1-1           By:  Zaffirini                                   S.B. No. 116

 1-2           (In the Senate - Filed December 3, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; March 3, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 10, Nays 0;

 1-6     March 3, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 116                By:  Zaffirini

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to investigations of and the offense of failure to report

1-11     alleged abuse, neglect, or exploitation of individuals in certain

1-12     facilities.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Section 261.401, Family Code, is amended to read

1-15     as follows:

1-16           Sec. 261.401.  AGENCY INVESTIGATION.  (a)  A state agency

1-17     that operates, licenses, certifies, or registers a facility in

1-18     which children are located shall make a prompt, thorough

1-19     investigation of a report that a child has been or may be abused,

1-20     exploited, or neglected in the facility.  The primary purpose of

1-21     the investigation shall be the protection of the child.

1-22           (b)  A state agency shall adopt rules relating to the

1-23     investigation and resolution of reports received as provided by

1-24     this subchapter.

1-25           (c)  The definitions of abuse and neglect under Section

1-26     261.001 do not apply to an investigation under this section.  A

1-27     state agency shall adopt rules that define abuse and neglect and

1-28     that provide a child located in a facility operated, licensed,

1-29     certified, or registered by the state agency at least as great a

1-30     level of protection from abuse, neglect, or exploitation as

1-31     provided by Section 261.001.

1-32           (d)  The Health and Human Services Commission shall review

1-33     and approve the rules to ensure that all agencies implement

1-34     appropriate standards for the conduct of investigations and that

1-35     uniformity exists among agencies in the investigation and

1-36     resolution of reports.

1-37           SECTION 2.  Subsections (b), (d), and (e), Section 261.402,

1-38     Family Code, are amended to read as follows:

1-39           (b)  A state agency shall immediately notify the appropriate

1-40     state or local law enforcement agency of any report the agency

1-41     receives, other than a report from a law enforcement agency, that

1-42     concerns the suspected abuse, exploitation, or neglect of a child

1-43     or the death of a child from abuse or neglect.  If the state agency

1-44     finds evidence indicating that a child may have been abused,

1-45     exploited, or neglected, the agency shall report the evidence to

1-46     the appropriate law enforcement agency.

1-47           (d)  A state agency that licenses, certifies, or registers a

1-48     facility in which children are located shall compile, maintain, and

1-49     make available statistics on the incidence of child abuse,

1-50     exploitation, and neglect in the facility.

1-51           (e)  A state agency shall compile, maintain, and make

1-52     available statistics on the incidence of child abuse, exploitation,

1-53     and neglect in a facility operated by the state agency.

1-54           SECTION 3.  Subsection (b), Section 261.403, Family Code, is

1-55     amended to read as follows:

1-56           (b)  The board of a state agency that operates a facility in

1-57     which children are located shall ensure that the procedure for

1-58     investigating abuse, exploitation, and neglect allegations and

1-59     inquiries in the agency's facility is periodically reviewed under

1-60     the agency's internal audit program required by Chapter 2102,

1-61     Government Code.

1-62           SECTION 4.  Section 261.404, Family Code, is amended to read

1-63     as follows:

1-64           Sec. 261.404.  INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT

 2-1     OF MENTAL HEALTH AND MENTAL RETARDATION.  (a)  The department shall

 2-2     investigate a report of abuse, exploitation, or neglect in a

 2-3     facility operated by, regulated by, or providing services under a

 2-4     contract with the Texas Department of Mental Health and Mental

 2-5     Retardation under rules developed jointly between the department

 2-6     and the Texas Department of Mental Health and Mental Retardation.

 2-7           (b)  The definitions of abuse and neglect under Section

 2-8     261.001 do not apply to an investigation under this section or

 2-9     Chapter 48, Human Resources Code.  The Board of Protective and

2-10     Regulatory Services shall adopt rules that define abuse and neglect

2-11     and that provide a child located in a facility operated or

2-12     regulated by, or providing services under a contract with, the

2-13     Texas Department of Mental Health and Mental Retardation at least

2-14     as great a level of protection from abuse, neglect, or exploitation

2-15     as provided by Section 261.001.

2-16           SECTION 5.  Subsection (a), Section 48.036, Human Resources

2-17     Code, is amended to read as follows:

2-18           (a)  Except as prescribed by Section 48.082, a person having

2-19     reasonable cause to believe that an elderly or disabled person is

2-20     in the state of abuse, exploitation, or neglect shall immediately

2-21     report the information to the department.

2-22           SECTION 6.  Subsection (a), Section 48.082, Human Resources

2-23     Code, is amended to read as follows:

2-24           (a)  If a person has reasonable cause to believe that an

2-25     elderly or disabled person has been abused, exploited, or neglected

2-26     in a facility operated, licensed, certified, or registered by a

2-27     state agency other than the Texas Department of Mental Health and

2-28     Mental Retardation, the person shall immediately report the

2-29     information to the state agency that operates, licenses, certifies,

2-30     or registers the facility for investigation by that agency.

2-31           SECTION 7.  (a)  This Act takes effect September 1, 1997.

2-32           (b)  A state agency required to adopt rules under this Act

2-33     shall adopt rules not later than December 31, 1997.

2-34     Notwithstanding the change in law made by this Act, the definitions

2-35     of abuse and neglect under Section 261.001, Family Code, apply to

2-36     an investigation until the date the state agency adopts rules under

2-37     this Act.

2-38           (c)  The change in law made by this Act applies only to an

2-39     investigation of an allegation of abuse, neglect, or exploitation

2-40     that is initiated on or after January 1, 1998.  An investigation

2-41     initiated before that date is governed by the law in effect on the

2-42     date the investigation was initiated, and the former law is

2-43     continued in effect for that purpose.

2-44           (d)  The change in law made to Subsection (a), Section

2-45     48.036, and Subsection (a), Section 48.082, Human Resources Code,

2-46     by Sections 5 and 6 of this Act applies only to conduct

2-47     constituting an offense that occurs on or after the effective date

2-48     of this Act.  For purposes of this section, conduct that

2-49     constitutes an offense occurs before the effective date of this Act

2-50     if any element of the offense occurs before the effective date.

2-51           (e)  Conduct constituting an offense that occurs before the

2-52     effective date of this Act is covered by the law in effect when the

2-53     conduct occurred, and the former law is continued in effect for

2-54     that purpose.

2-55           SECTION 8.  The importance of this legislation and the

2-56     crowded condition of the calendars in both houses create an

2-57     emergency and an imperative public necessity that the

2-58     constitutional rule requiring bills to be read on three several

2-59     days in each house be suspended, and this rule is hereby suspended.

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