BILL ANALYSIS

 

 

 

S.B. 2933

By: Menéndez

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

According to the Health and Human Services Commission (HHSC), in 2023, the Texas Department of Family and Protective Services reported over 83,000 cases of elder abuse in Texas, up from 60,000 cases reported in 2022. HHSC also reports that one of the biggest challenges in combating elder abuse is simply recognizing the signs of the abuse. The bill sponsor has informed the committee that being able to recognize the signs of abuse in cases involving domestic violence, probate, guardianship, and estate matters is especially important for judges, as they rule on matters that could potentially determine whether abuse is allowed to continue. While elder abuse training for judges is not currently required under law, the bill sponsor has further informed the committee that this training may be beneficial in helping judges understand the warning signs of elder abuse, especially for judges who frequently work with elderly individuals in matters such as probate and guardianship. S.B. 2933 seeks to make judges aware of the signs of elder abuse so that they are able to make informed decisions by including elder abuse training to the training required for applicable state judges and judicial officers.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Court of Criminal Appeals in SECTION 2 of this bill.

 

ANALYSIS

 

S.B. 2933 amends the Government Code to require the Texas Court of Criminal Appeals to assure that judicial training related to the problems of elder abuse and neglect is provided to each district judge, judge of a statutory county court, criminal associate judge, associate judge in a suit affecting the parent-child relationship, master, referee, and magistrate and to require associated instruction to include information about such abuse. The bill revises provisions establishing that rules adopted by the court of criminal appeals regarding such training must require applicable judges and judicial officers to complete four hours of training dedicated to issues relating to the trafficking of persons and child abuse and neglect that covers at least two specified topics by including elder abuse and neglect among those specified topics.

 

S.B. 2933 requires the court of criminal appeals, as soon as practicable after the bill's effective date, to adopt the rules necessary to implement the bill's provisions. The bill applies to all judges, masters, referees, and magistrates elected, appointed, or holding office on or after the bill's effective date.

 

EFFECTIVE DATE

 

September 1, 2025.