1-1 By: Telford (Senate Sponsor - Moncrief) H.B. No. 3335 1-2 (In the Senate - Received from the House April 24, 2001; 1-3 April 25, 2001, read first time and referred to Committee on Health 1-4 and Human Services; May 1, 2001, reported favorably by the 1-5 following vote: Yeas 8, Nays 0; May 1, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to duties and immunities of certain persons with cause to 1-9 believe that an elderly or disabled person is in a state of abuse, 1-10 neglect, or exploitation. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 48.051(c), Human Resources Code, is 1-13 amended to read as follows: 1-14 (c) The duty imposed by Subsections (a) and (b) applies 1-15 without exception to a person whose knowledge concerning possible 1-16 abuse, neglect, or exploitation is obtained during the scope of the 1-17 person's employment or whose professional communications are 1-18 generally confidential, including an attorney, clergy member, 1-19 medical practitioner, social worker, and mental health 1-20 professional. 1-21 SECTION 2. Section 48.054, Human Resources Code, is amended 1-22 by adding Subsection (d) to read as follows: 1-23 (d) An employer whose employee acts under Subsection (a) or 1-24 (b) is immune from civil or criminal liability on account of an 1-25 employee's report, testimony, or participation in any judicial 1-26 proceedings arising from a petition, report, or investigation. 1-27 This subsection does not apply to an employer who is the subject of 1-28 an investigation. 1-29 SECTION 3. The change in law made by this Act applies only to 1-30 a cause of action that accrues on or after the effective date of 1-31 this Act. A cause of action that accrues before the effective date 1-32 of this Act is governed by the law applicable to the cause of 1-33 action immediately before the effective date of this Act, and that 1-34 law is continued in effect for that purpose. 1-35 SECTION 4. This Act takes effect immediately if it receives 1-36 a vote of two-thirds of all the members elected to each house, as 1-37 provided by Section 39, Article III, Texas Constitution. If this 1-38 Act does not receive the vote necessary for immediate effect, this 1-39 Act takes effect September 1, 2001. 1-40 * * * * *