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.