SRC-CTC H.B. 3335 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3335
77R7741 SGA-FBy: Telford (Moncrief)
Health & Human Services
4/26/2001
Engrossed


DIGEST AND PURPOSE 

Currently, an individual who has cause to believe that an elderly or
disabled adult is being abused, neglected, or exploited must report their
concern to the appropriate authority, and provides immunity from civil or
criminal liability for the individual reporting the abuse.  However, the
law remains unclear about the possible liability of a business entity if an
employee reports the abuse or exploitation of a customer.  H.B. 3335
provides that an employer is immune from liability if an employee makes a
goodfaith report of abuse. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 48.051(c), Human Resources Code, to provide that
the duty imposed by this section applies without exception to a person
whose knowledge concerning possible abuse, neglect, or exploitation is
obtained during the scope of the person's employment or whose professional
communications are generally confidential, including an attorney, clergy
member, medical practitioner, social worker, and mental health
professional. 

SECTION 2.  Amends Section 48.054, Human Resources Code, to provide that an
employer whose employee acts under this section is immune from civil or
criminal liability on account of an employee's report, testimony, or
participation in any judicial proceedings arising from a petition, report,
or investigation.  Provides that this provision does not apply to an
employer who is the subject of an investigation. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: upon passage or September 1, 2001.