79R3034 CLG-D

By:  Uresti                                                       H.B. No. 920


A BILL TO BE ENTITLED
AN ACT
relating to protective and guardianship services for elderly and disabled persons. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ADULT PROTECTIVE SERVICES
SECTION 1.01. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.0315 to read as follows: Sec. 40.0315. INVESTIGATION UNIT FOR ADULT PROTECTIVE SERVICES. (a) The adult protective services division of the department shall maintain an investigation unit to investigate allegations of abuse, neglect, and exploitation of elderly and disabled persons reported to the division. (b) An investigator in the unit shall determine whether an elderly or disabled person who is the subject of a report made under Section 48.051(a) may have suffered from abuse, neglect, or exploitation as a result of the criminal conduct of another person. If the investigator determines that criminal conduct may have occurred, the investigator shall immediately notify the appropriate law enforcement agency. SECTION 1.02. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Sections 40.0322 and 40.0323 to read as follows: Sec. 40.0322. QUALIFICATIONS FOR ADULT PROTECTIVE SERVICES PERSONNEL; RECRUITMENT. (a) In hiring department employees whose duties include providing services as part of, or relating to, the provision of adult protective services directly to an elderly or disabled person, the commissioner shall ensure that the department hires, as often as possible, persons with professional credentials related to adult protective services, including persons who are licensed master social workers, as defined by Section 505.002, Occupations Code, or licensed professional counselors. (b) Subject to the availability of funds, the executive commissioner by rule shall develop and the department shall implement a recruiting program designed to attract and retain for employment in the adult protective services division persons with professional credentials described by Subsection (a). (c) Subject to the availability of funds, the executive commissioner by rule shall develop and the department shall implement an incentive program to encourage each department employee whose duties include the duties described by Subsection (a) to obtain professional credentials described by that subsection if the employee does not have those credentials. Sec. 40.0323. COORDINATION REGARDING RECRUITMENT FOR AND CURRICULUM OF CERTAIN CERTIFICATE OR DEGREE PROGRAMS. The department and the Texas Higher Education Coordinating Board jointly shall develop strategies to: (1) promote certificate or degree programs in the fields of social work and psychology to individuals enrolled in or admitted to institutions of higher education in this state; and (2) ensure that persons receiving a certificate or degree, including a graduate degree, in social work or psychology from an institution of higher education in this state have the knowledge and skills regarding protective services that are provided directly to elderly or disabled persons and necessary for successful employment by the adult protective services division of the department. SECTION 1.03. Subchapter B, Chapter 40, Human Resources Code, is amended by adding Section 40.035 to read as follows: Sec. 40.035. TRAINING PROGRAM FOR ADULT PROTECTIVE SERVICES; CONTINUING EDUCATION. (a) The department shall develop and implement a training program that each newly hired or assigned department employee must complete before: (1) initiating an investigation of a report of alleged abuse, neglect, or exploitation of an elderly or disabled person under Chapter 48; or (2) providing protective services to elderly or disabled persons under that chapter. (b) The training program must: (1) provide the person with appropriate comprehensive information regarding: (A) the incidence and types of reports of abuse, neglect, and exploitation of elderly or disabled persons that are received by the department, including information concerning false reports; and (B) the use and proper implementation of: (i) the risk assessment criteria developed under Section 48.004; (ii) the criteria used by caseworkers to determine whether elderly or disabled persons lack capacity to consent to receive protective services; and (iii) the legal procedures available under Chapter 48 for the protection of elderly or disabled persons, including the procedures for obtaining a court order for emergency protective services under Section 48.208; (2) include best practices for management of a case from the intake process to the provision of protective services, including criteria that specify the circumstances under which an employee should: (A) consult a supervisor regarding a case; or (B) refer an elderly or disabled person to an appropriate public agency or community service provider for guardianship or other long-term services after the delivery of protective services to that person has been completed; (3) provide appropriate specialized training in any necessary topics, including: (A) investigation of suspected identity theft and other forms of financial exploitation and suspected self-neglect; and (B) establishment and maintenance of working relationships with community organizations and other local providers who provide services to elderly and disabled persons; (4) include on-the-job training, which must require another department caseworker with more experience to accompany and train the caseworker in the field for a three-month period; (5) provide for the development of individualized training plans; (6) include training in working with law enforcement agencies and the court system when legal intervention is sought for investigations or emergency orders; and (7) include testing, progress reports, or other evaluations to assess the performance of trainees. (c) The department at least annually shall provide comprehensive case management training to supervisors of department employees who conduct investigations under Chapter 48. The training must be designed to enable the supervisors to provide guidance on investigations of reports of alleged abuse, neglect, or exploitation that are complex or present unique problems. (d) The department shall develop and implement appropriate continuing education programs for employees of the adult protective services division who have completed initial training under this section. The continuing education programs must be designed to provide an annual update regarding changes in: (1) adult protective services division policies and procedures; and (2) applicable law, including statutory changes affecting the adult protective services division or elderly or disabled persons served by the division. (e) A department employee required to participate in a continuing education program under this section must complete the program at least once each calendar year. (f) The department shall: (1) make curriculum developed for a training or continuing education program under this section readily available to department employees in written form; and (2) periodically revise a training and continuing education program established under this section as necessary to satisfy training needs identified by the department or department employees. SECTION 1.04. (a) Subchapter C, Chapter 40, Human Resources Code, is amended by adding Section 40.0515 to read as follows: Sec. 40.0515. QUALITY ASSURANCE PROGRAM FOR ADULT PROTECTIVE SERVICES; QUARTERLY REPORTS. (a) The department shall develop and implement a quality assurance program for adult protective services provided by or on behalf of the department. (b) In developing the program, the department shall establish: (1) client-centered outcome measures for each of the following functions of the adult protective services program: (A) intake process; (B) investigations; (C) risk assessment determinations; (D) delivery of protective services; and (E) provision of guardianship services; (2) minimum job performance standards for personnel and each work department of the adult protective services division of the department; and (3) procedures for conducting periodic performance reviews to monitor compliance with the standards established under Subdivision (2). (c) The department shall promptly address a person's or work department's failure to meet minimum job performance standards established under Subsection (b)(2): (1) by issuing to the person or work department, as appropriate, a corrective action plan detailing the actions required to comply with the standards; or (2) if necessary, through disciplinary action, including a person's demotion or discharge, for repeated failure to meet the standards. (d) Each employee of the adult protective services division must receive a performance evaluation required by Section 40.032(c) at least annually. The department shall ensure that disciplinary or other corrective action is taken against a supervisor or other managerial employee who is required to conduct a performance evaluation and fails to complete that evaluation in a timely manner. (e) A summary of the findings of outcome measures established and performance reviews conducted under this section must be reported to regional directors and other senior management employees of the adult protective services division. (f) Each fiscal quarter the department shall file with the governor and the presiding officer of each house of the legislature a report that includes: (1) a comprehensive review of the adult protective services division's overall performance during the preceding quarter; and (2) a summary of the adult protective services division's performance during the preceding quarter on each of the outcome measures established under Subsection (b)(1). (b) The Department of Family and Protective Services shall submit the initial report required under Section 40.0515, Human Resources Code, as added by this section, not later than October 1, 2005. SECTION 1.05. Subchapter C, Chapter 40, Human Resources Code, is amended by adding Sections 40.0526 and 40.0527 to read as follows: Sec. 40.0526. DEPARTMENT TOLL-FREE NUMBER FOR COMPLAINTS. The department shall maintain a toll-free telephone number to receive and aid in resolving complaints regarding how department employees handle reported allegations of abuse, neglect, and exploitation. Sec. 40.0527. PUBLIC AWARENESS. (a) The executive commissioner of the Health and Human Services Commission by rule shall develop and the department shall implement a statewide public awareness campaign designed to educate the public regarding the abuse, neglect, and exploitation of elderly and disabled persons. (b) The department may use mass communications media, the Internet, publications, or other means of public education in conducting the campaign. (c) A public awareness strategy implemented for the program must include: (1) the provision of information on the incidence and types of reports of abuse, neglect, and exploitation of elderly or disabled persons; and (2) practices that can reduce the incidences of abuse, neglect, and exploitation of elderly or disabled persons in this state. (d) The department shall enlist the support and assistance of civic, philanthropic, and public service organizations in the performance of the duties imposed under this section. SECTION 1.06. Subchapter A, Chapter 48, Human Resources Code, is amended by adding Section 48.004 to read as follows: Sec. 48.004. RISK ASSESSMENT. The executive commissioner of the Health and Human Services Commission by rule shall develop and maintain risk assessment criteria for use by department personnel in determining whether an elderly or disabled person is in a state of abuse, neglect, or exploitation and needs protective services. The criteria must provide for a comprehensive assessment of the person's: (1) environmental, physical, medical, mental health, and financial condition; and (2) social interaction and support. SECTION 1.07. Section 48.151, Human Resources Code, is amended by adding Subsections (c-1) and (c-2) to read as follows: (c-1) Notwithstanding Section 531.048, Government Code, the department shall assign to each newly hired or assigned investigator of the investigation unit under Section 40.0315 who has no previous experience in conducting investigations of abuse, neglect, and exploitation a caseload that is significantly lower than the caseload assigned to an investigator employed for more than a year by the unit. The department shall increase the caseload for new investigators in increments over a 12-month period. (c-2) The department shall develop and implement a system to ensure that, to the greatest extent possible, investigations conducted by the department that involve especially complex issues of abuse, neglect, or exploitation, such as issues associated with identity theft and other forms of financial exploitation, are assigned to personnel who have experience and training in those issues. SECTION 1.08. Sections 48.205(a) and (b), Human Resources Code, are amended to read as follows: (a) Subject to the availability of funds, the [The] department shall [may] provide direct protective services or contract with protective services agencies for the provision [provisions] of those services. (b) The department shall use existing resources and services of public and private agencies in providing protective services. If the department does not have existing resources to provide direct protective services to elderly or disabled persons, the department, subject to the availability of funds, shall contract with protective services agencies for the provision of those services, especially to elderly or disabled persons residing in rural or remote areas of this state or not previously served by the department. SECTION 1.09. Section 48.208(b), Human Resources Code, is amended to read as follows: (b) If the department determines that an elderly or disabled person is suffering from abuse, neglect, or exploitation presenting a threat to life or physical safety, that the person lacks capacity to consent to receive protective services, and that no consent can be obtained, the department shall [may] petition the probate or statutory or constitutional county court that has probate jurisdiction in the county in which the elderly or disabled person resides for an emergency order authorizing protective services. SECTION 1.10. (a) Section 531.048, Government Code, is amended by adding Subsection (g) to read as follows: (g) The executive commissioner shall establish a caseload management reduction plan to reduce, not later than January 1, 2011, caseloads for caseworkers employed by the adult protective services division of the Department of Family and Protective Services to a level that does not exceed professional caseload standards by more than five cases per caseworker. The plan must provide specific annual targets for caseload reduction. (b) Not later than January 1, 2006, the executive commissioner of the Health and Human Services Commission shall adopt rules establishing the caseload management reduction plan required by Section 531.048(g), Government Code, as added by this section. (c) Not later than December 31 of each even-numbered year, the executive commissioner of the Health and Human Services Commission shall prepare a report regarding the implementation of the plan required by Section 531.048(g), Government Code, as added by this section. The report must include an assessment of the effect of the plan on reducing caseloads and the amount of funding necessary to fully implement the plan during the next biennium. The executive commissioner shall submit the report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each house and senate standing committee having jurisdiction over adult protective services. SECTION 1.11. PILOT PROGRAM FOR MONITORING CERTAIN UNLICENSED LONG-TERM CARE FACILITIES. (a) In this section: (1) "Disabled person" has the meaning assigned by Section 48.002, Human Resources Code. (2) "Elderly person" has the meaning assigned by Section 48.002, Human Resources Code. (3) "Long-term care facility" means: (A) a nursing home or related institution; (B) an assisted living facility; (C) an ICF-MR, as defined by Section 531.002, Health and Safety Code; (D) a community home subject to Chapter 123, Human Resources Code; or (E) any other residential arrangement that provides care to four or more adults who are unrelated to the proprietor of the establishment. (b) The executive commissioner of the Health and Human Services Commission by rule shall develop and implement a pilot program in which local task forces composed of health care providers, representatives from governmental entities, and local government officials are created to: (1) identify, through a coordination of efforts and resources, persons establishing or operating: (A) long-term care facilities providing personal care services, health-related services, or other care to elderly or disabled persons without being licensed or providing disclosures as required by state law; or (B) residential facilities or arrangements providing personal care services or other care in violation of state law to three or fewer elderly or disabled persons who are unrelated to the proprietor of the establishment; and (2) take appropriate action necessary to: (A) report the facilities or arrangements described by Subdivision (1) of this subsection to the appropriate state regulatory agencies or local law enforcement agencies; (B) assist, whenever practicable, a long-term care facility described by Subdivision (1)(A) of this subsection in obtaining the appropriate licensure or making the appropriate disclosures on request of the facility; and (C) assist, if it is feasible and practicable, a facility or arrangement described by Subdivision (1)(B) of this subsection in complying with applicable regulatory requirements of state or local law. (c) Not later than January 1, 2006, the executive commissioner of the Health and Human Services Commission shall implement the pilot program in at least one rural area and one urban area of this state. (d) Not later than January 1, 2007, the Health and Human Services Commission shall submit a report on the status and progress of the pilot program to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each house and senate standing committee having jurisdiction over adult protective services. The report must include a recommendation regarding the advisability of expanding the pilot program statewide. (e) This section expires September 1, 2007.
ARTICLE 2. GUARDIANSHIP AND RELATED SERVICES
SECTION 2.01. The heading to Subchapter E, Chapter 48, Human Resources Code, is amended to read as follows:
SUBCHAPTER E. PROVISION OF SERVICES; [GUARDIANSHIP SERVICES;] EMERGENCY PROTECTION
SECTION 2.02. The heading to Section 48.209, Human Resources Code, is amended to read as follows: Sec. 48.209. GUARDIANSHIP RELATED SERVICES [GUARDIANSHIPS]. SECTION 2.03. Sections 48.209(a), (b), and (c), Human Resources Code, are amended to read as follows: (a) The department shall file an application under Section 682 or 875, Texas Probate Code, for a suitable person other than the department to be appointed guardian of the person or estate, or both, of an individual who is a minor, is a conservatee of the department, and, because of a physical or mental condition, will be substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs when the individual becomes an adult. If a less restrictive alternative to guardianship is available for an individual, the department shall pursue the alternative instead of filing the application [applying for appointment as a guardian]. (b) As a last resort, the department may apply for a suitable person other than the department to be appointed guardian of the person or estate, or both, of an elderly or disabled person who is found by the department to be in a state of abuse, neglect, or exploitation, and who, because of a physical or mental condition, will be substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs. [A representative of the department shall take the oath required by the Texas Probate Code on behalf of the department if the department is appointed guardian.] If the department is aware of any [knows that an] individual who is willing and able to serve as the guardian, the department shall [may] inform the court of that individual's willingness and ability. (c) [If appropriate, the department may contract with a political subdivision of this state, a private agency, or another state agency for the provision of guardianship services under this section.] The department [or a political subdivision of the state or state agency with which the department contracts under this section] is not required to [post a bond or] pay any cost or fee otherwise required by the Texas Probate Code, including a fee associated with the appointment of a guardian ad litem or attorney ad litem. SECTION 2.04. Section 161.071, Human Resources Code, is amended to read as follows: Sec. 161.071. GENERAL POWERS AND DUTIES OF DEPARTMENT. The department is responsible for administering human services programs for the aging and disabled, including: (1) administering and coordinating programs to provide community-based care and support services to promote independent living for populations that would otherwise be institutionalized; (2) providing institutional care services, including services through convalescent and nursing homes and related institutions under Chapter 242, Health and Safety Code; (3) providing and coordinating programs and services for persons with disabilities, including programs for the treatment, rehabilitation, or benefit of persons with developmental disabilities or mental retardation; (4) operating state facilities for the housing, treatment, rehabilitation, or benefit of persons with disabilities, including state schools for persons with mental retardation; (5) serving as the state unit on aging required by the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments, including performing the general functions under Section 101.022 to ensure: (A) implementation of the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and its subsequent amendments, including implementation of services and volunteer opportunities under that Act for older residents of this state through area agencies on aging; (B) advocacy for residents of nursing facilities through the office of the state long-term care ombudsman; (C) fostering of the state and community infrastructure and capacity to serve older residents of this state; and (D) availability of a comprehensive resource for state government and the public on trends related to and services and programs for an aging population; (6) performing all licensing and enforcement activities and functions related to long-term care facilities, including licensing and enforcement activities related to convalescent and nursing homes and related institutions under Chapter 242, Health and Safety Code; (7) performing all licensing and enforcement activities related to assisted living facilities under Chapter 247, Health and Safety Code; (8) performing all licensing and enforcement activities related to intermediate care facilities for persons with mental retardation under Chapter 252, Health and Safety Code; [and] (9) performing all licensing and enforcement activities and functions related to home and community support services agencies under Chapter 142, Health and Safety Code; and (10) serving as last resort as the guardian of the person or estate, or both, of an incapacitated person under Chapter XIII, Texas Probate Code. SECTION 2.05. Subchapter D, Chapter 161, Human Resources Code, is amended by adding Section 161.074 to read as follows: Sec. 161.074. GUARDIANSHIP SERVICES AS LAST RESORT. (a) A representative of the department shall take the oath required by the Texas Probate Code on behalf of the department if the department is appointed guardian of the person or estate, or both, of a ward under Chapter XIII of that code. (b) The department is not required to post a bond or pay any cost or fee associated with a guardianship proceeding under the Texas Probate Code, including any fee associated with the appointment of a guardian ad litem or attorney ad litem. (c) If the department is appointed guardian, the department is not liable for funding services provided to the department's ward, including long-term care or burial expenses. (d) If the department becomes aware of any person's willingness and ability to serve as successor guardian, the department shall notify the court in which the guardianship is pending as required by Section 695A, Texas Probate Code. SECTION 2.06. Section 677, Texas Probate Code, is amended by adding Subsection (f) to read as follows: (f) If there is no eligible person willing and able to serve as guardian, the court shall determine whether it is in the adult individual's best interests to appoint as guardian a guardianship program, a private professional guardian, or, as last resort, the Department of Aging and Disability Services. Before appointing the department as guardian, the court must enter a specific finding that the department is the most suitable person to serve as guardian for the proposed ward and that the appointment is in the best interest of the proposed ward. SECTION 2.07. Section 684, Texas Probate Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows: (b) Before appointing a guardian and except as provided by Subsection (b-1) of this section, the court must find by a preponderance of the evidence that: (1) the court has venue of the case; (2) the person to be appointed guardian is eligible to act as guardian and is entitled to appointment, or, if no eligible person entitled to appointment applies, the person appointed is: (A) a proper person to act as guardian; and (B) the most suitable person to serve as guardian for the proposed ward; (3) if a guardian is appointed for a minor, the guardianship is not created for the primary purpose of enabling the minor to establish residency for enrollment in a school or school district for which the minor is not otherwise eligible for enrollment; and (4) the proposed ward is totally without capacity as provided by this code to care for himself or herself and to manage the individual's property, or the proposed ward lacks the capacity to do some, but not all, of the tasks necessary to care for himself or herself or to manage the individual's property. (b-1) Before appointing the Department of Aging and Disability Services as guardian, the court, in addition to making the findings required by Subsection (a) of this section, must: (1) make the findings required by Subsections (b)(1), (b)(3), and (b)(4) of this section; and (2) find by clear and convincing evidence that the department is the person most suitable to serve as guardian of the proposed ward and that the appointment is in the proposed ward's best interest. SECTION 2.08. Subpart A, Part 3, Chapter XIII, Texas Probate Code, is amended by adding Section 691 to read as follows: Sec. 691. STATE AS GUARDIAN OF LAST RESORT. Except as a last resort, the court may not appoint the Department of Aging and Disability Services or another state entity to serve as guardian of the person or estate, or both, of an incapacitated person. SECTION 2.09. Section 693, Texas Probate Code, is amended by adding Subsection (f) to read as follows: (f) An order appointing the Department of Aging and Disability Services as guardian must specify that the department is the most suitable person to serve as guardian for the proposed ward and that the appointment is in the best interest of the proposed ward. SECTION 2.10. Section 695A, Texas Probate Code, is amended by adding Subsection (a-1) to read as follows: (a-1) If, while serving as a guardian for a ward under this chapter, the Department of Aging and Disability Services becomes aware of a guardianship program or private professional guardian willing and able to serve as the ward's successor guardian and the department is not aware of a family member or friend of the ward or any other interested person who is willing and able to serve as the ward's successor guardian, the department shall notify the court in which the guardianship is pending of the guardianship program's or private professional guardian's willingness and ability to serve. SECTION 2.11. TRANSFERS TO THE DEPARTMENT OF AGING AND DISABILITY SERVICES. (a) On September 1, 2005: (1) all powers, duties, functions, programs, and activities of the Department of Family and Protective Services related to providing guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law are transferred to the Department of Aging and Disability Services; (2) all employees of the Department of Family and Protective Services who primarily perform duties related to providing guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law become employees of the Department of Aging and Disability Services; (3) a rule or form adopted by the executive commissioner of the Health and Human Services Commission that relates to the provision of guardianship services by the Department of Family and Protective Services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law, as those laws existed immediately before that date, is a rule or form of the Department of Aging and Disability Services and remains in effect until altered by the executive commissioner; (4) a reference in law to the Department of Family and Protective Services that relates to providing guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law means the Department of Aging and Disability Services; (5) a waiver in effect that was issued by the Department of Family and Protective Services Commission relating to the provision of guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law is continued in effect as a waiver of the Department of Aging and Disability Services; (6) a proceeding involving the Department of Family and Protective Services that is related to providing guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law is transferred without change in status to the Department of Aging and Disability Services, and the Department of Aging and Disability Services assumes, without a change in status, the position of the Department of Family and Protective Services in a proceeding relating to guardianship matters to which the Department of Family and Protective Services is a party; (7) all money, contracts, leases, rights, and obligations of the Department of Family and Protective Services related to providing guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law are transferred to the Department of Aging and Disability Services, subject to Subsection (b) of this section; (8) all property and records in the custody of the Department of Family and Protective Services related to providing guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law shall be transferred to the Department of Aging and Disability Services; and (9) all funds appropriated by the legislature to the Department of Family and Protective Services for purposes related to providing guardianship services for incapacitated persons under Chapter 48, Human Resources Code, Chapter XIII, Texas Probate Code, or other law are transferred to the Department of Aging and Disability Services. (b) The Department of Aging and Disability Services shall administer a contract of the Department of Family and Protective Services transferred under Subsection (a)(7) of this section until the contract expires or is otherwise lawfully terminated. The Department of Aging and Disability Services, however, may not renew the contract. SECTION 2.12. TRANSITION PLAN. The executive commissioner of the Health and Human Services Commission shall establish a plan for the transfer of guardianship cases of the Department of Family and Protective Services to the Department of Aging and Disability Services on or before the period prescribed by the executive commissioner. SECTION 2.13. Sections 48.209(d), (e), and (f), Human Resources Code, are repealed.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2005.