86R14213 LED-D
 
  By: Davis of Dallas H.B. No. 3774
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to investigations of abuse or exploitation of an elderly
  person or person with a disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 48.002(a)(2) and (3), Human Resources
  Code, are amended to read as follows:
               (2)  "Abuse" means:
                     (A)  the negligent or wilful infliction of injury,
  unreasonable confinement, intimidation, or cruel punishment with
  resulting physical or emotional harm or pain to an elderly person or
  person with a disability by the person's caretaker, family member,
  or other individual [who has an ongoing relationship with the
  person]; or
                     (B)  sexual abuse of an elderly person or person
  with a disability, including any involuntary or nonconsensual
  sexual conduct that would constitute an offense under Section
  21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code
  (assaultive offenses), committed by the person's caretaker, family
  member, or other individual [who has an ongoing relationship with
  the person].
               (3)  "Exploitation" means the illegal or improper act
  or process of a caretaker, family member, or other individual [who
  has an ongoing relationship with an elderly person or person with a
  disability] that involves using, or attempting to use, the
  resources of the elderly person or person with a disability,
  including the person's social security number or other identifying
  information, for monetary or personal benefit, profit, or gain
  without the informed consent of the person.
         SECTION 2.  Section 48.002(c), Human Resources Code, is
  amended to read as follows:
         (c)  Except as provided by Subsection (b), the executive
  commissioner by rule may adopt definitions of "abuse," "neglect,"
  and "exploitation," as an alternative to the definitions of those
  terms under Subsection (a), for purposes of conducting an
  investigation under this chapter or Chapter 142, Health and Safety
  Code. The rules:
               (1)  may not require an individual to have an ongoing
  relationship with an elderly person or person with a disability for
  the department to conduct an investigation of that individual; and 
               (2)  must allow the department to conduct an
  investigation of any individual alleged to have committed abuse or
  exploitation.
         SECTION 3.  Section 48.151, Human Resources Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The department may investigate an allegation of abuse
  or exploitation committed by any individual, regardless of whether
  that individual has an ongoing relationship with an elderly person
  or a person with a disability.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the commissioner of the Department of Family and
  Protective Services shall adopt rules necessary to implement the
  changes in law made by this Act.
         SECTION 5.  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, 2019.