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        |  | AN ACT | 
      
        |  | relating to the assessment of an elderly or disabled person's | 
      
        |  | psychological status for purposes of an emergency order authorizing | 
      
        |  | protective services. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 48.208(c-3), Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c-3)  An assessment of the elderly or disabled person's | 
      
        |  | psychological status must be performed by a licensed professional | 
      
        |  | counselor, licensed psychologist, or master social worker who has | 
      
        |  | training and expertise in issues related to abuse, neglect, and | 
      
        |  | exploitation.  The person performing the assessment shall sign a | 
      
        |  | report stating: | 
      
        |  | (1)  that the elderly or disabled person is reported to | 
      
        |  | be suffering from abuse, neglect, or exploitation, which may | 
      
        |  | present a threat to the person's life or physical safety; and | 
      
        |  | (2)  that in the professional opinion of the licensed | 
      
        |  | professional counselor, licensed psychologist, or master social | 
      
        |  | worker, as applicable, the issuance of an emergency order | 
      
        |  | authorizing protective services without the elderly or disabled | 
      
        |  | person's consent is necessary under the circumstances. | 
      
        |  | SECTION 2.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2013. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I certify that H.B. No. 908 was passed by the House on April | 
      
        |  | 18, 2013, by the following vote:  Yeas 143, Nays 0, 2 present, not | 
      
        |  | voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
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        |  | I certify that H.B. No. 908 was passed by the Senate on May | 
      
        |  | 20, 2013, by the following vote:  Yeas 31, Nays 0. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED:  _____________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  | _____________________ | 
      
        |  | Governor |