79R1521 CLG-D

By:  Uresti                                                       H.B. No. 1218



A BILL TO BE ENTITLED

AN ACT

relating to reporting requirements concerning investigations of 
alleged abuse, neglect, or exploitation of elderly or disabled 
persons; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 48, Human Resources Code, 
is amended by adding Sections 48.1521 and 48.1522 to read as 
follows:
	Sec. 48.1521.  REPORTS OF CRIMINAL CONDUCT TO LAW 
ENFORCEMENT AGENCY.  If during the course of the department's or 
another state agency's investigation of reported abuse, neglect, or 
exploitation a caseworker of the department or other state agency, 
as applicable, or the caseworker's supervisor has cause to believe 
that the elderly or disabled person has been abused, neglected, or 
exploited by another person in a manner that constitutes a criminal 
offense under any law, including Section 22.04, Penal Code, the 
caseworker or supervisor shall:
		(1)  immediately notify an appropriate law enforcement 
agency; and   
		(2)  provide the law enforcement agency with a copy of 
the investigation report of the department or other state agency, 
as applicable, in a timely manner.
	Sec. 48.1522.  FAILURE TO REPORT; PENALTY.  (a)  A person 
commits an offense if the person:
		(1)  is required to notify a law enforcement agency 
under Section 48.1521; and
		(2)  knowingly fails to provide that notification under 
circumstances in which a reasonable person would believe that the 
alleged criminal conduct had not previously been reported to an 
appropriate law enforcement agency.
	(b)  An offense under this section is a Class B misdemeanor.            
	SECTION 2.  Section 48.157, Human Resources Code, is 
repealed.               
	SECTION 3.  This Act takes effect September 1, 2005.