By: Neave, Raymond, Muñoz, Jr. H.B. No. 4531
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights and treatment of and services provided to
  certain adult sexual assault survivors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 323.004(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A health care facility must obtain documented consent
  before providing the forensic medical examination and treatment.
  The facility shall presume that an adult sexual assault survivor
  requesting a forensic medical examination and treatment is
  competent.
         SECTION 2.  Chapter 323, Health and Safety Code, is amended
  by adding Section 323.0044 to read as follows:
         Sec. 323.0044.  PROVISION OF EMERGENCY SERVICES TO CERTAIN
  ADULT SEXUAL ASSAULT SURVIVORS. (a) A health care facility shall
  provide a forensic medical examination and treatment to an adult
  sexual assault survivor for whom a guardian is appointed under
  Title 3, Estates Code, without the consent of the survivor's
  guardian, guardian ad litem, or other legal agent if:
               (1)  the health care facility determines the survivor
  understands the nature of the forensic medical examination and
  treatment; and
               (2)  the survivor agrees to receive the forensic
  medical examination and treatment.
         (b)  Subject to Subsection (c), if an adult sexual assault
  survivor requests a forensic medical examination and treatment and
  a health care facility determines the survivor potentially is
  incapable of consenting to the forensic medical examination and
  treatment, the health care facility may:
               (1)  obtain consent from a relative or caretaker of the
  survivor on the survivor's behalf;
               (2)  obtain consent from the survivor's guardian,
  guardian ad litem, or other legal agent; or
               (3)  petition a court with probate jurisdiction in the
  county in which the facility is located for an emergency order
  authorizing the forensic medical examination and treatment, in the
  manner provided by Section 48.208, Human Resources Code.
         (c)  If personnel of a health care facility know or have
  reason to believe that the survivor's relative, caretaker,
  guardian, guardian ad litem, or other legal agent is a suspect or
  accomplice in the sexual assault of the survivor, the health care
  facility may not contact the survivor's relative, caretaker,
  guardian, guardian ad litem, or other legal agent.
         (d)  A health care facility may not provide a forensic
  medical examination to an adult sexual assault survivor for whom a
  guardian is appointed under Title 3, Estates Code, if the survivor
  refuses the examination, regardless of whether the survivor's
  guardian requests or consents to the examination.
         SECTION 3.  Section 420.072(c), Government Code, is amended
  to read as follows:
         (c)  A communication, a record, or evidence that is
  confidential under this subchapter may not be disclosed to a parent
  or legal guardian of a survivor who is a minor or to a guardian
  appointed under Title 3, Estates Code, of an adult survivor, if
  applicable, if an advocate or a sexual assault program knows or has
  reason to believe that the parent or [legal] guardian of the
  survivor is a suspect or accomplice in the sexual assault of the
  survivor.
         SECTION 4.  Section 420.073, Government Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Consent for the release of confidential information
  other than evidence contained in an evidence collection kit must be
  in writing and signed by the survivor, a parent or legal guardian if
  the survivor is a minor, [a legal guardian if the survivor has been
  adjudicated incompetent to manage the survivor's personal
  affairs,] an attorney ad litem appointed for the survivor, or a
  personal representative if the survivor is deceased. The written
  consent must specify:
               (1)  the information or records covered by the release;
               (2)  the reason or purpose for the release; and
               (3)  the person to whom the information is to be
  released.
         (d)  For purposes of Subsection (a), a written consent signed
  by an adult survivor with a guardian appointed under Title 3,
  Estates Code, is effective regardless of whether the adult
  survivor's guardian, guardian ad litem, or other legal agent signs
  the release. If the adult survivor agrees to the release but is
  unable to provide a signature and the guardian, guardian ad litem,
  or other legal agent is unavailable or declines to sign the release,
  then a notary may sign the release in the manner provided by Section
  406.0165.
         
         SECTION 5.  Section 420.0735(b), Government Code, is amended
  to read as follows:
         (b)  For purposes of Subsection (a)(1), a written consent
  signed by an adult survivor with a guardian appointed under Title 3
  [incapacitated person, as that term is defined by Chapter 1002],
  Estates Code, is effective regardless of whether the adult
  survivor's [incapacitated person's] guardian, guardian ad litem, or
  other legal agent signs the release. If the adult survivor with an
  appointed guardian agrees to the release but [incapacitated person]
  is unable to provide a signature and the guardian, guardian ad
  litem, or other legal agent is unavailable or declines to sign the
  release, then the investigating law enforcement officer may sign
  the release.
         SECTION 6.  Section 1151.351(b), Estates Code, is amended to
  read as follows:
         (b)  Unless limited by a court or otherwise restricted by
  law, a ward is authorized to the following:
               (1)  to have a copy of the guardianship order and
  letters of guardianship and contact information for the probate
  court that issued the order and letters;
               (2)  to have a guardianship that encourages the
  development or maintenance of maximum self-reliance and
  independence in the ward with the eventual goal, if possible, of
  self-sufficiency;
               (3)  to be treated with respect, consideration, and
  recognition of the ward's dignity and individuality;
               (4)  to reside and receive support services in the most
  integrated setting, including home-based or other community-based
  settings, as required by Title II of the Americans with
  Disabilities Act (42 U.S.C. Section 12131 et seq.);
               (5)  to consideration of the ward's current and
  previously stated personal preferences, desires, medical and
  psychiatric treatment preferences, religious beliefs, living
  arrangements, and other preferences and opinions;
               (6)  to financial self-determination for all public
  benefits after essential living expenses and health needs are met
  and to have access to a monthly personal allowance;
               (7)  to receive timely and appropriate health care and
  medical treatment that does not violate the ward's rights granted
  by the constitution and laws of this state and the United States;
               (8)  to exercise full control of all aspects of life not
  specifically granted by the court to the guardian;
               (9)  to control the ward's personal environment based
  on the ward's preferences;
               (10)  to complain or raise concerns regarding the
  guardian or guardianship to the court, including living
  arrangements, retaliation by the guardian, conflicts of interest
  between the guardian and service providers, or a violation of any
  rights under this section;
               (11)  to receive notice in the ward's native language,
  or preferred mode of communication, and in a manner accessible to
  the ward, of a court proceeding to continue, modify, or terminate
  the guardianship and the opportunity to appear before the court to
  express the ward's preferences and concerns regarding whether the
  guardianship should be continued, modified, or terminated;
               (12)  to have a court investigator, guardian ad litem,
  or attorney ad litem appointed by the court to investigate a
  complaint received by the court from the ward or any person about
  the guardianship;
               (13)  to participate in social, religious, and
  recreational activities, training, employment, education,
  habilitation, and rehabilitation of the ward's choice in the most
  integrated setting;
               (14)  to self-determination in the substantial
  maintenance, disposition, and management of real and personal
  property after essential living expenses and health needs are met,
  including the right to receive notice and object about the
  substantial maintenance, disposition, or management of clothing,
  furniture, vehicles, and other personal effects;
               (15)  to personal privacy and confidentiality in
  personal matters, subject to state and federal law;
               (16)  to unimpeded, private, and uncensored
  communication and visitation with persons of the ward's choice,
  except that if the guardian determines that certain communication
  or visitation causes substantial harm to the ward:
                     (A)  the guardian may limit, supervise, or
  restrict communication or visitation, but only to the extent
  necessary to protect the ward from substantial harm; and
                     (B)  the ward may request a hearing to remove any
  restrictions on communication or visitation imposed by the guardian
  under Paragraph (A);
               (17)  to petition the court and retain counsel of the
  ward's choice who holds a certificate required by Subchapter E,
  Chapter 1054, to represent the ward's interest for capacity
  restoration, modification of the guardianship, the appointment of a
  different guardian, or for other appropriate relief under this
  subchapter, including a transition to a supported decision-making
  agreement, except as limited by Section 1054.006;
               (18)  to vote in a public election, marry, and retain a
  license to operate a motor vehicle, unless restricted by the court;
               (19)  to personal visits from the guardian or the
  guardian's designee at least once every three months, but more
  often, if necessary, unless the court orders otherwise;
               (20)  to be informed of the name, address, phone
  number, and purpose of Disability Rights Texas, an organization
  whose mission is to protect the rights of, and advocate for, persons
  with disabilities, and to communicate and meet with representatives
  of that organization;
               (21)  to be informed of the name, address, phone
  number, and purpose of an independent living center, an area agency
  on aging, an aging and disability resource center, and the local
  mental health and intellectual and developmental disability
  center, and to communicate and meet with representatives from these
  agencies and organizations;
               (22)  to be informed of the name, address, phone
  number, and purpose of the Judicial Branch Certification Commission
  and the procedure for filing a complaint against a certified
  guardian;
               (23)  to contact the Department of Family and
  Protective Services to report abuse, neglect, exploitation, or
  violation of personal rights without fear of punishment,
  interference, coercion, or retaliation; [and]
               (24)  to have the guardian, on appointment and on
  annual renewal of the guardianship, explain the rights delineated
  in this subsection in the ward's native language, or preferred mode
  of communication, and in a manner accessible to the ward; and
               (25)  to make decisions related to sexual assault
  crisis services, including consenting to a forensic medical
  examination and treatment, authorizing the collection of forensic
  evidence, consenting to the release of evidence contained in an
  evidence collection kit and disclosure of related confidential
  information, and receiving counseling and other support services.
         SECTION 7.  This Act takes effect September 1, 2019.