1-1     By:  Wohlgemuth, Naishtat                             H.B. No. 1179
 1-2          (Senate Sponsor - Zaffirini)
 1-3           (In the Senate - Received from the House April 2, 2001;
 1-4     April 3, 2001, read first time and referred to Committee on Health
 1-5     and Human Services; April 23, 2001, reported favorably by the
 1-6     following vote:  Yeas 5, Nays 0; April 23, 2001, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to protective services for the elderly and disabled
1-10     persons.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 48.0381, Human Resources Code, is
1-13     redesignated as Section 48.103, Human Resources Code, to read as
1-14     follows:
1-15           Sec. 48.103 [48.0381].  NOTIFICATION OF LICENSING OR
1-16     CONTRACTING AGENCY.     (a)  On determining after an investigation
1-17     that an elderly or disabled person has been abused, exploited, or
1-18     neglected by an employee of a home and community support services
1-19     agency licensed under Chapter 142, Health and Safety Code, the
1-20     department shall:
1-21                 (1)  notify the state agency responsible for licensing
1-22     the home and community support services agency of the department's
1-23     determination;
1-24                 (2)  notify any health and human services agency, as
1-25     defined by Section 531.001, Government Code, that contracts with
1-26     the home and community support services agency for the delivery of
1-27     health care services of the department's determination; and
1-28                 (3)  provide to the licensing state agency and any
1-29     contracting health and human services agency access to the
1-30     department's records or documents relating to the department's
1-31     investigation.
1-32           (b)  Providing access to a confidential record or document
1-33     under this section does not constitute a waiver of confidentiality.
1-34           SECTION 2.  Section 48.208(e), Human Resources Code, is
1-35     amended to read as follows:
1-36           (e)  The emergency order expires at the end of 72 hours from
1-37     the time of the order unless the 72-hour period ends on a Saturday,
1-38     Sunday, or legal holiday in which event the order is automatically
1-39     extended to 4 p.m. on the first succeeding business day.  An order
1-40     may be renewed for not more than 14 additional days.  A renewal
1-41     order that ends on a Saturday, Sunday, or legal holiday is
1-42     automatically extended to 4 p.m. on the first succeeding business
1-43     day.  The court may modify or terminate the emergency order on
1-44     petition of the department, the incapacitated [incompetent] person,
1-45     or any person interested in his welfare.
1-46           SECTION 3.  Section 48.355(a), Human Resources Code, is
1-47     amended to read as follows:
1-48           (a)  The Texas Department of Mental Health and Mental
1-49     Retardation is responsible for providing services to an individual
1-50     receiving home and community-based [community support] services as
1-51     necessary to alleviate abuse, neglect, or exploitation if the
1-52     department determines that the person needs the services because of
1-53     the failure of a provider to furnish contracted services.
1-54           SECTION 4.  This Act takes effect immediately if it receives
1-55     a vote of two-thirds of all the members elected to each house, as
1-56     provided by Section 39, Article III, Texas Constitution.  If this
1-57     Act does not receive the vote necessary for immediate effect, this
1-58     Act takes effect September 1, 2001.
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