By Telford H.B. No. 3335 77R7741 SGA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to duties and immunities of certain persons with cause to 1-3 believe that an elderly or disabled person is in a state of abuse, 1-4 neglect, or exploitation. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 48.051(c), Human Resources Code, is 1-7 amended to read as follows: 1-8 (c) The duty imposed by Subsections (a) and (b) applies 1-9 without exception to a person whose knowledge concerning possible 1-10 abuse, neglect, or exploitation is obtained during the scope of the 1-11 person's employment or whose professional communications are 1-12 generally confidential, including an attorney, clergy member, 1-13 medical practitioner, social worker, and mental health 1-14 professional. 1-15 SECTION 2. Section 48.054, Human Resources Code, is amended 1-16 by adding Subsection (d) to read as follows: 1-17 (d) An employer whose employee acts under Subsection (a) or 1-18 (b) is immune from civil or criminal liability on account of an 1-19 employee's report, testimony, or participation in any judicial 1-20 proceedings arising from a petition, report, or investigation. 1-21 This subsection does not apply to an employer who is the subject of 1-22 an investigation. 1-23 SECTION 3. The change in law made by this Act applies only to 1-24 a cause of action that accrues on or after the effective date of 2-1 this Act. A cause of action that accrues before the effective date 2-2 of this Act is governed by the law applicable to the cause of 2-3 action immediately before the effective date of this Act, and that 2-4 law is continued in effect for that purpose. 2-5 SECTION 4. This Act takes effect immediately if it receives 2-6 a vote of two-thirds of all the members elected to each house, as 2-7 provided by Section 39, Article III, Texas Constitution. If this 2-8 Act does not receive the vote necessary for immediate effect, this 2-9 Act takes effect September 1, 2001.