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A BILL TO BE ENTITLED
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AN ACT
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relating to investigations of abuse or exploitation of an elderly |
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person or person with a disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 48.002(a)(2) and (3), Human Resources |
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Code, are amended to read as follows: |
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(2) "Abuse" means: |
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(A) the negligent or wilful infliction of injury, |
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unreasonable confinement, intimidation, or cruel punishment with |
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resulting physical or emotional harm or pain to an elderly person or |
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person with a disability by the person's caretaker, family member, |
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or other individual [who has an ongoing relationship with the
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person]; or |
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(B) sexual abuse of an elderly person or person |
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with a disability, including any involuntary or nonconsensual |
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sexual conduct that would constitute an offense under Section |
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21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code |
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(assaultive offenses), committed by the person's caretaker, family |
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member, or other individual [who has an ongoing relationship with
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the person]. |
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(3) "Exploitation" means the illegal or improper act |
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or process of a caretaker, family member, or other individual [who
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has an ongoing relationship with an elderly person or person with a
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disability] that involves using, or attempting to use, the |
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resources of the elderly person or person with a disability, |
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including the person's social security number or other identifying |
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information, for monetary or personal benefit, profit, or gain |
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without the informed consent of the person. |
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SECTION 2. Section 48.002(c), Human Resources Code, is |
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amended to read as follows: |
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(c) Except as provided by Subsection (b), the executive |
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commissioner by rule may adopt definitions of "abuse," "neglect," |
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and "exploitation," as an alternative to the definitions of those |
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terms under Subsection (a), for purposes of conducting an |
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investigation under this chapter or Chapter 142, Health and Safety |
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Code. The rules: |
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(1) may not require an individual to have an ongoing |
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relationship with an elderly person or person with a disability for |
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the department to conduct an investigation of that individual; and |
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(2) must allow the department to conduct an |
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investigation of any individual alleged to have committed abuse or |
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exploitation. |
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SECTION 3. Section 48.151, Human Resources Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) The department may investigate an allegation of abuse |
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or exploitation committed by any individual, regardless of whether |
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that individual has an ongoing relationship with an elderly person |
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or a person with a disability. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the commissioner of the Department of Family and |
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Protective Services shall adopt rules necessary to implement the |
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changes in law made by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |