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                                  * * * * *