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.