By Wohlgemuth                                         H.B. No. 1179
         77R3610 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to protective services for the elderly and disabled
 1-3     persons.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 48.0381, Human Resources Code, is
 1-6     redesignated as Section 48.103, Human Resources Code, to read as
 1-7     follows:
 1-8           Sec. 48.103 [48.0381].  NOTIFICATION OF LICENSING OR
 1-9     CONTRACTING AGENCY.     (a)  On determining after an investigation
1-10     that an elderly or disabled person has been abused, exploited, or
1-11     neglected by an employee of a home and community support services
1-12     agency licensed under Chapter 142, Health and Safety Code, the
1-13     department shall:
1-14                 (1)  notify the state agency responsible for licensing
1-15     the home and community support services agency of the department's
1-16     determination;
1-17                 (2)  notify any health and human services agency, as
1-18     defined by Section 531.001, Government Code, that contracts with
1-19     the home and community support services agency for the delivery of
1-20     health care services of the department's determination; and
1-21                 (3)  provide to the licensing state agency and any
1-22     contracting health and human services agency access to the
1-23     department's records or documents relating to the department's
1-24     investigation.
 2-1           (b)  Providing access to a confidential record or document
 2-2     under this section does not constitute a waiver of confidentiality.
 2-3           SECTION 2.  Section 48.208(e), Human Resources Code, is
 2-4     amended to read as follows:
 2-5           (e)  The emergency order expires at the end of 72 hours from
 2-6     the time of the order unless the 72-hour period ends on a Saturday,
 2-7     Sunday, or legal holiday in which event the order is automatically
 2-8     extended to 4 p.m. on the first succeeding business day.  An order
 2-9     may be renewed for not more than 14 additional days.  A renewal
2-10     order that ends on a Saturday, Sunday, or legal holiday is
2-11     automatically extended to 4 p.m. on the first succeeding business
2-12     day.  The court may modify or terminate the emergency order on
2-13     petition of the department, the incapacitated [incompetent] person,
2-14     or any person interested in his welfare.
2-15           SECTION 3.  Section 48.355(a), Human Resources Code, is
2-16     amended to read as follows:
2-17           (a)  The Texas Department of Mental Health and Mental
2-18     Retardation is responsible for providing services to an individual
2-19     receiving home and community-based [community support] services as
2-20     necessary to alleviate abuse, neglect, or exploitation if the
2-21     department determines that the person needs the services because of
2-22     the failure of a provider to furnish contracted services.
2-23           SECTION 4.  This Act takes effect immediately if it receives
2-24     a vote of two-thirds of all the members elected to each house, as
2-25     provided by Section 39, Article III, Texas Constitution.  If this
2-26     Act does not receive the vote necessary for immediate effect, this
2-27     Act takes effect September 1, 2001.