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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for 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. Subchapter D, Chapter 48, Human Resources Code, |
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is amended by adding Section 48.1524 to read as follows: |
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Sec. 48.1524. CIVIL LIABILITY. (a) A person is liable to |
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an elderly person or person with a disability for damages for abuse |
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or exploitation. |
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(b) A claimant who prevails in a suit under this section may |
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recover actual damages, including damages for mental anguish even |
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if an injury other than mental anguish is not shown. |
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(c) In addition to an award under Subsection (a), a claimant |
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who prevails in a suit under this section may recover exemplary |
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damages and reasonable attorney fees. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |