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A BILL TO BE ENTITLED
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AN ACT
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relating to treatment of identity theft as a form of exploitation of |
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an elderly or disabled person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.002(a), Human Resources Code, is |
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amended by amending Subdivision (3) and adding Subdivision (11) to |
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read as follows: |
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(3) "Exploitation" means the illegal or improper: |
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(A) act or process of using an elderly or |
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disabled person's resources by [act or process of] a caretaker, |
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family member, or other individual who has an ongoing relationship |
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with the elderly or disabled person [using the resources of an
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elderly or disabled person] for monetary or personal benefit, |
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profit, or gain without the informed consent of the elderly or |
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disabled person; or |
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(B) act of taking or using an elderly or disabled |
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person's identifying information by any person for personal |
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advantage without the informed consent of the elderly or disabled |
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person. |
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(11) "Identifying information" has the meaning |
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assigned by Section 32.51, Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect at the time the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |