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        |  | AN ACT | 
      
        |  | relating to the Department of Family and Protective Services, | 
      
        |  | including protective services and investigations of alleged abuse, | 
      
        |  | neglect, or exploitation for certain adults who are elderly or | 
      
        |  | disabled; providing a criminal penalty. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subsection (a), Section 59.006, Finance Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  This section provides the exclusive method for | 
      
        |  | compelled discovery of a record of a financial institution relating | 
      
        |  | to one or more customers but does not create a right of privacy in a | 
      
        |  | record.  This section does not apply to and does not require or | 
      
        |  | authorize a financial institution to give a customer notice of: | 
      
        |  | (1)  a demand or inquiry from a state or federal | 
      
        |  | government agency authorized by law to conduct an examination of | 
      
        |  | the financial institution; | 
      
        |  | (2)  a record request from a state or federal | 
      
        |  | government agency or instrumentality under statutory or | 
      
        |  | administrative authority that provides for, or is accompanied by, a | 
      
        |  | specific mechanism for discovery and protection of a customer | 
      
        |  | record of a financial institution, including a record request from | 
      
        |  | a federal agency subject to the Right to Financial Privacy Act of | 
      
        |  | 1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the | 
      
        |  | Internal Revenue Service under Section 1205, Internal Revenue Code | 
      
        |  | of 1986; | 
      
        |  | (3)  a record request from or report to a government | 
      
        |  | agency arising out of the investigation or prosecution of a | 
      
        |  | criminal offense or the investigation of alleged abuse, neglect, or | 
      
        |  | exploitation of an elderly or disabled person in accordance with | 
      
        |  | Chapter 48, Human Resources Code; | 
      
        |  | (4)  a record request in connection with a garnishment | 
      
        |  | proceeding in which the financial institution is garnishee and the | 
      
        |  | customer is debtor; | 
      
        |  | (5)  a record request by a duly appointed receiver for | 
      
        |  | the customer; | 
      
        |  | (6)  an investigative demand or inquiry from a state | 
      
        |  | legislative investigating committee; | 
      
        |  | (7)  an investigative demand or inquiry from the | 
      
        |  | attorney general of this state as authorized by law other than the | 
      
        |  | procedural law governing discovery in civil cases; or | 
      
        |  | (8)  the voluntary use or disclosure of a record by a | 
      
        |  | financial institution subject to other applicable state or federal | 
      
        |  | law. | 
      
        |  | SECTION 2.  Section 411.114, Government Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 411.114.  ACCESS TO CRIMINAL HISTORY RECORD | 
      
        |  | INFORMATION:  DEPARTMENT OF FAMILY AND PROTECTIVE [ AND REGULATORY] | 
      
        |  | SERVICES.  (a)(1)  In this subsection: | 
      
        |  | (A)  "Child," "child-care facility," | 
      
        |  | "child-placing agency," and "family home" have the meanings | 
      
        |  | assigned by Section 42.002, Human Resources Code. | 
      
        |  | (B)  "Elderly person" has the meaning assigned by | 
      
        |  | Section 48.002, Human Resources Code. | 
      
        |  | (C)  "Maternity home" has the meaning assigned by | 
      
        |  | Section 249.001, Health and Safety Code. | 
      
        |  | (D)  "Person with a disability" means a disabled | 
      
        |  | person as defined by Section 48.002, Human Resources Code. | 
      
        |  | (E)  "Ward" has the meaning assigned by Section | 
      
        |  | 601, Texas Probate Code. | 
      
        |  | (2)  The Department of Family and Protective Services | 
      
        |  | shall obtain from the department criminal history record | 
      
        |  | information maintained by the department that relates to a person | 
      
        |  | who is: | 
      
        |  | (A)  an applicant for a license, registration, | 
      
        |  | certification, or listing under Chapter 42, Human Resources Code, | 
      
        |  | or Chapter 249, Health and Safety Code; | 
      
        |  | (B)  an owner, operator, or employee of or an | 
      
        |  | applicant for employment by a child-care facility, child-placing | 
      
        |  | agency, family home, or maternity home licensed, registered, | 
      
        |  | certified, or listed under Chapter 42, Human Resources Code, or | 
      
        |  | Chapter 249, Health and Safety Code; | 
      
        |  | (C)  a person 14 years of age or older who will be | 
      
        |  | regularly or frequently working or staying in a child-care | 
      
        |  | facility, family home, or maternity home while children are being | 
      
        |  | provided care, other than a child in the care of the home or | 
      
        |  | facility; | 
      
        |  | (D)  an applicant selected for a position with the | 
      
        |  | Department of Family and Protective Services, the duties of which | 
      
        |  | include direct delivery of protective services to children, elderly | 
      
        |  | persons, or persons with a disability; | 
      
        |  | (E)  an employee of, an applicant for employment | 
      
        |  | with, or a volunteer or an applicant volunteer with a business | 
      
        |  | entity or person that contracts with the Department of Family and | 
      
        |  | Protective Services to provide direct delivery of protective | 
      
        |  | services to children, elderly persons, or persons with a | 
      
        |  | disability, if the person's duties or responsibilities include | 
      
        |  | direct contact with children, elderly persons, or persons with a | 
      
        |  | disability; | 
      
        |  | (F)  a registered volunteer with the Department of | 
      
        |  | Family and Protective Services; | 
      
        |  | (G)  a person providing or applying to provide | 
      
        |  | in-home, adoptive, or foster care for children in the care of the | 
      
        |  | Department of Family and Protective Services and other persons | 
      
        |  | living in the residence in which the child will reside; | 
      
        |  | (H)  a Department of Family and Protective | 
      
        |  | Services employee who is engaged in the direct delivery of | 
      
        |  | protective services to children, elderly persons, or persons with a | 
      
        |  | disability; | 
      
        |  | (I)  an alleged perpetrator in [ a person who is  | 
      
        |  | the subject of] a report the Department of Family and Protective | 
      
        |  | Services receives alleging that the person has abused, neglected, | 
      
        |  | or exploited a child, an elderly person, or a person with a | 
      
        |  | disability, provided that: | 
      
        |  | (i)  the report alleges the person has | 
      
        |  | engaged in conduct that meets the applicable [ statutory] definition | 
      
        |  | of abuse, neglect, or exploitation under Chapter 261, Family Code, | 
      
        |  | or Chapter 48, Human Resources Code; and | 
      
        |  | (ii)  the person [ who is the subject of the  | 
      
        |  | report] is not also the victim of the alleged conduct; | 
      
        |  | (J)  a person providing child care for a child who | 
      
        |  | is in the care of the Department of Family and Protective Services | 
      
        |  | and who is or will be receiving adoptive, foster, or in-home care; | 
      
        |  | (K)  through a contract with a nonprofit | 
      
        |  | management center, an employee of, an applicant for employment | 
      
        |  | with, or a volunteer or an applicant volunteer with a nonprofit, | 
      
        |  | tax-exempt organization that provides any service that involves the | 
      
        |  | care of or access to a child [ children], an elderly person | 
      
        |  | [ persons], or a person [persons] with a disability; or | 
      
        |  | (L)  an applicant for a child-care administrator | 
      
        |  | or child-placing agency administrator license under Chapter 43, | 
      
        |  | Human Resources Code. | 
      
        |  | (3)  The Department of Family and Protective [ and  | 
      
        |  | Regulatory] Services is entitled to obtain from the department | 
      
        |  | criminal history record information maintained by the department | 
      
        |  | that relates to a person who is: | 
      
        |  | (A)  a volunteer or applicant volunteer with a | 
      
        |  | local affiliate in this state of Big Brothers/Big Sisters of | 
      
        |  | America; | 
      
        |  | (B)  a volunteer or applicant volunteer with the | 
      
        |  | "I Have a Dream/Houston" program; | 
      
        |  | (C)  a volunteer or applicant volunteer with an | 
      
        |  | organization that provides court-appointed special advocates for | 
      
        |  | abused or neglected children; | 
      
        |  | (D)  a person providing, at the request of the | 
      
        |  | child's parent, in-home care for a child who is the subject of a | 
      
        |  | report alleging the child has been abused or neglected; | 
      
        |  | (E)  a volunteer or applicant volunteer with a | 
      
        |  | Texas chapter of the Make-a-Wish Foundation of America; | 
      
        |  | (F)  a person providing, at the request of the | 
      
        |  | child's parent, in-home care for a child only if the person gives | 
      
        |  | written consent to the release and disclosure of the information; | 
      
        |  | (G)  a child who is related to the caretaker, as | 
      
        |  | determined under Section 42.002, Human Resources Code, and who | 
      
        |  | resides in or is present in a child-care facility, family home, or | 
      
        |  | maternity home, other than a child described by Subdivision (2)(C), | 
      
        |  | or any other person who has unsupervised access to a child in the | 
      
        |  | care of a child-care facility, family home, or maternity home; | 
      
        |  | (H)  an applicant for a position with the | 
      
        |  | Department of Family and Protective [ and Regulatory] Services, | 
      
        |  | other than a position described by Subdivision (2)(D), regardless | 
      
        |  | of the duties of the position; | 
      
        |  | (I)  a volunteer or applicant volunteer with the | 
      
        |  | Department of Family and Protective [ and Regulatory] Services, | 
      
        |  | other than a registered volunteer, regardless of the duties to be | 
      
        |  | performed; | 
      
        |  | (J)  a person providing or applying to provide | 
      
        |  | in-home, adoptive, or foster care for children to the extent | 
      
        |  | necessary to comply with Subchapter B, Chapter 162, Family Code; | 
      
        |  | (K)  a Department of Family and Protective [ and  | 
      
        |  | Regulatory] Services employee, other than an employee described by | 
      
        |  | Subdivision (2)(H), regardless of the duties of the employee's | 
      
        |  | position; | 
      
        |  | (L)  a relative of a child in the care of the | 
      
        |  | Department of Family and Protective [ and Regulatory] Services, to | 
      
        |  | the extent necessary to comply with Section 162.007, Family Code; | 
      
        |  | (M)  a person, other than an alleged perpetrator | 
      
        |  | in [ the subject of] a report described in Subdivision (2)(I), | 
      
        |  | living in the residence in which the alleged victim of the report | 
      
        |  | resides; | 
      
        |  | (N)  a contractor or an employee of a contractor | 
      
        |  | who delivers services to a ward of the Department of Protective and | 
      
        |  | Regulatory Services under a contract with the estate of the ward; | 
      
        |  | (O)  a person who seeks unsupervised visits with a | 
      
        |  | ward of the Department of Protective and Regulatory Services, | 
      
        |  | including a relative of the ward; [ or] | 
      
        |  | (P)  an employee, volunteer, or applicant | 
      
        |  | volunteer of a children's advocacy center under Subchapter E, | 
      
        |  | Chapter 264, Family Code, including a member of the governing board | 
      
        |  | of a center; or | 
      
        |  | (Q)  an employee of, an applicant for employment | 
      
        |  | with, or a volunteer or an applicant volunteer with an entity or | 
      
        |  | person that contracts with the Department of Family and Protective | 
      
        |  | Services and has access to confidential information in the | 
      
        |  | department's records, if the employee, applicant, volunteer, or | 
      
        |  | applicant volunteer has or will have access to that confidential | 
      
        |  | information. | 
      
        |  | (4)  Subject to Section 411.087, the Department of | 
      
        |  | Family and Protective [ and Regulatory] Services is entitled to: | 
      
        |  | (A)  obtain through the Federal Bureau of | 
      
        |  | Investigation criminal history record information maintained or | 
      
        |  | indexed by that bureau that pertains to a person described by | 
      
        |  | Subdivision (2) or (3); and | 
      
        |  | (B)  obtain from any other criminal justice agency | 
      
        |  | in this state criminal history record information maintained by | 
      
        |  | that criminal justice agency that relates to a person described by | 
      
        |  | Subdivision (2) or (3).  Law enforcement entities shall expedite | 
      
        |  | the furnishing of such information to Department of Family and | 
      
        |  | Protective [ and Regulatory] Services workers to ensure prompt | 
      
        |  | criminal background checks for the safety of alleged victims and | 
      
        |  | Department of Family and Protective [ and Regulatory] Services | 
      
        |  | workers. | 
      
        |  | (5)  The Department of Family and Protective [ and  | 
      
        |  | Regulatory] Services may not use the authority granted under this | 
      
        |  | section to harass an employee or volunteer.  The executive | 
      
        |  | commissioner of the Health and Human Services Commission [ Board of  | 
      
        |  | Protective and Regulatory Services] shall adopt rules to prevent | 
      
        |  | the harassment of an employee or volunteer through the request and | 
      
        |  | use of criminal records. | 
      
        |  | (6)  Criminal history record information obtained by | 
      
        |  | the Department of Family and Protective [ and Regulatory] Services | 
      
        |  | under this subsection may not be released to any person except: | 
      
        |  | (A)  on court order; | 
      
        |  | (B)  with the consent of the person who is the | 
      
        |  | subject of the criminal history record information; | 
      
        |  | (C)  for purposes of an administrative hearing | 
      
        |  | held by the Department of Family and Protective [ and Regulatory] | 
      
        |  | Services concerning the person who is the subject of the criminal | 
      
        |  | history record information; or | 
      
        |  | (D)  as provided by Subdivision (7). | 
      
        |  | (7)  The Department of Family and Protective [ and  | 
      
        |  | Regulatory] Services is not prohibited from releasing criminal | 
      
        |  | history record information obtained under this subsection to: | 
      
        |  | (A)  the person who is the subject of the criminal | 
      
        |  | history record information; | 
      
        |  | (B)  a child-care facility, child-placing agency, | 
      
        |  | family home, or maternity home listed in Subdivision (2) that | 
      
        |  | employs or is considering employing the person who is the subject of | 
      
        |  | the criminal history record information; | 
      
        |  | (C)  a person or business entity described by | 
      
        |  | Subdivision (2)(E) or (3) who uses or intends to use the services of | 
      
        |  | the volunteer or employs or is considering employing the person who | 
      
        |  | is the subject of the criminal history record information; [ or] | 
      
        |  | (D)  an adult who resides [ residing] with an | 
      
        |  | alleged victim of abuse, neglect, or exploitation of a child, | 
      
        |  | elderly person, or person with a disability and who also resides | 
      
        |  | with the alleged perpetrator of that abuse, neglect, or | 
      
        |  | exploitation if: | 
      
        |  | (i)  the alleged perpetrator [ person who] is | 
      
        |  | the subject of the criminal history record information; and | 
      
        |  | (ii)[ , if]  the Department of Family and | 
      
        |  | Protective [ and Regulatory] Services determines that the release of | 
      
        |  | information to the adult is necessary to ensure the safety or | 
      
        |  | welfare of the alleged victim [ child, elderly person, or person  | 
      
        |  | with a disability] or the adult; or | 
      
        |  | (E)  an elderly or disabled person who is an | 
      
        |  | alleged victim of abuse, neglect, or exploitation and who resides | 
      
        |  | with the alleged perpetrator of that abuse, neglect, or | 
      
        |  | exploitation if: | 
      
        |  | (i)  the alleged perpetrator is the subject | 
      
        |  | of the criminal history record information; and | 
      
        |  | (ii)  the Department of Family and | 
      
        |  | Protective Services determines that the release of information to | 
      
        |  | the elderly or disabled person or adult is necessary to ensure the | 
      
        |  | safety or welfare of the elderly or disabled person. | 
      
        |  | (b)  The failure or refusal to provide a complete set of | 
      
        |  | fingerprints or a complete name on request constitutes good cause | 
      
        |  | for dismissal or refusal to hire, as applicable, with regard to a | 
      
        |  | volunteer of or an employee or applicant for permanent or temporary | 
      
        |  | employment with the Department of Family and Protective [ and  | 
      
        |  | Regulatory] Services, or a facility, home, business, or other | 
      
        |  | entity, if the volunteer position, employment, or potential | 
      
        |  | employment involves direct interaction with or the opportunity to | 
      
        |  | interact and associate with children. | 
      
        |  | (c)  The Department of Family and Protective [ and  | 
      
        |  | Regulatory] Services may charge an organization or person that | 
      
        |  | requests criminal history record information under Subsection | 
      
        |  | (a)(3) a fee in an amount necessary to cover the costs of obtaining | 
      
        |  | the information on the organization's or person's behalf. | 
      
        |  | SECTION 3.  Subsection (a), Section 142.018, Health and | 
      
        |  | Safety Code, is amended to read as follows: | 
      
        |  | (a)  In this section, "abuse," "exploitation," and "neglect" | 
      
        |  | have the meanings applicable through a rule adopted by the | 
      
        |  | executive commissioner of the Health and Human Services Commission | 
      
        |  | under [ assigned by] Section 48.002(c) [48.002], Human Resources | 
      
        |  | Code, except that if the executive commissioner has not adopted | 
      
        |  | applicable rules under that section, the statutory definitions of | 
      
        |  | those terms under Section 48.002(a), Human Resources Code, shall be | 
      
        |  | used. | 
      
        |  | SECTION 4.  Subsection (b), Section 40.0315, Human Resources | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  An investigator in the unit shall determine whether an | 
      
        |  | elderly or disabled person who is the subject of a report made under | 
      
        |  | Section 48.051(a) may have suffered from abuse, neglect, or | 
      
        |  | exploitation as a result of the criminal conduct of another person. | 
      
        |  | If the investigator determines that criminal conduct may have | 
      
        |  | occurred, the investigator shall immediately notify: | 
      
        |  | (1)  the commission's office of inspector general if | 
      
        |  | the disabled person who is the subject of the report resides in a | 
      
        |  | state supported living center or the ICF-MR component of the Rio | 
      
        |  | Grande State Center; and [ or] | 
      
        |  | (2)  the appropriate law enforcement agency, unless the | 
      
        |  | law enforcement agency reported the alleged abuse, neglect, or | 
      
        |  | exploitation to the department. | 
      
        |  | SECTION 5.  Subdivisions (3) and (5), Subsection (a), | 
      
        |  | Section 48.002, Human Resources Code, are amended to read as | 
      
        |  | follows: | 
      
        |  | (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 [ the] elderly or disabled | 
      
        |  | person that involves using, or attempting to use, the resources of | 
      
        |  | the [ an] elderly or disabled person, 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 elderly or disabled person. | 
      
        |  | (5)  "Protective services" means the services | 
      
        |  | furnished by the department or by a protective services agency to an | 
      
        |  | elderly or disabled person who has been determined to be in a state | 
      
        |  | of abuse, neglect, or exploitation or to a relative or caretaker of | 
      
        |  | an elderly or disabled person if the department determines the | 
      
        |  | services are necessary to prevent the elderly or disabled person | 
      
        |  | from returning to a state of abuse, neglect, or exploitation.  These | 
      
        |  | services may include social casework, case management, and | 
      
        |  | arranging for psychiatric and health evaluation, home care, day | 
      
        |  | care, social services, health care, respite services, and other | 
      
        |  | services consistent with this chapter.  The term does not include | 
      
        |  | the services of the department or another protective services | 
      
        |  | agency in conducting an investigation regarding alleged abuse, | 
      
        |  | neglect, or exploitation of an elderly or disabled person. | 
      
        |  | SECTION 6.  Section 48.002, Human Resources Code, is amended | 
      
        |  | by adding Subsection (c) 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. | 
      
        |  | SECTION 7.  Subsection (a), Section 48.006, Human Resources | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  Subject to the availability of funds, the department | 
      
        |  | shall develop a community satisfaction survey that solicits | 
      
        |  | information regarding the department's performance with respect to | 
      
        |  | providing investigative and adult protective services.  In each | 
      
        |  | region, the department shall send the survey at least biennially | 
      
        |  | [ annually] to: | 
      
        |  | (1)  stakeholders in the adult protective services | 
      
        |  | system, including local law enforcement agencies and prosecutors' | 
      
        |  | offices; | 
      
        |  | (2)  protective services agencies, including nonprofit | 
      
        |  | agencies; and | 
      
        |  | (3)  courts with jurisdiction over probate matters. | 
      
        |  | SECTION 8.  Section 48.053, Human Resources Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 48.053.  FALSE REPORT; PENALTY.  (a)  A person commits | 
      
        |  | an offense if the person knowingly or intentionally reports | 
      
        |  | information as provided in this chapter that the person knows is | 
      
        |  | false or lacks factual foundation. | 
      
        |  | (b)  An offense under this section is a Class A [ B] | 
      
        |  | misdemeanor. | 
      
        |  | SECTION 9.  Subsection (a), Section 48.151, Human Resources | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  Not later than 24 hours after the department receives a | 
      
        |  | report of an allegation of abuse, neglect, or exploitation under | 
      
        |  | Section 48.051, the department shall initiate a prompt and thorough | 
      
        |  | investigation as needed to evaluate the accuracy of the report and | 
      
        |  | to assess the need for protective services, unless the department | 
      
        |  | determines that the report: | 
      
        |  | (1)  is frivolous or patently without a factual basis; | 
      
        |  | or | 
      
        |  | (2)  does not concern abuse, neglect, or exploitation, | 
      
        |  | as those terms are defined by rules adopted by the executive | 
      
        |  | commissioner under Section 48.002(c), except that if the executive | 
      
        |  | commissioner has not adopted applicable rules under that section, | 
      
        |  | the statutory definitions of those terms under Section 48.002(a) | 
      
        |  | shall be used [ 48.002]. | 
      
        |  | SECTION 10.  Section 48.152, Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 48.152.  INVESTIGATION.  (a)  An investigation by the | 
      
        |  | department or a state agency shall include an interview with the | 
      
        |  | elderly or disabled person, if appropriate, and with persons | 
      
        |  | thought to have knowledge of the circumstances.  If the elderly or | 
      
        |  | disabled person refuses to be interviewed or cannot be interviewed | 
      
        |  | because of a physical or mental impairment, the department shall | 
      
        |  | continue the investigation by interviewing other persons thought to | 
      
        |  | have knowledge relevant to the investigation. | 
      
        |  | (b)  The investigation may include an interview with an | 
      
        |  | alleged juvenile perpetrator of the alleged abuse, neglect, or | 
      
        |  | exploitation. | 
      
        |  | (c)  The department or state agency may conduct an interview | 
      
        |  | under this section in private or may include any person the | 
      
        |  | department or agency determines is necessary. | 
      
        |  | SECTION 11.  Section 48.1522, Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 48.1522.  REPORTS OF CRIMINAL CONDUCT TO LAW | 
      
        |  | ENFORCEMENT AGENCY.  (a)  Except as provided by Subsection (b), if | 
      
        |  | during the course of the department's or another state agency's | 
      
        |  | investigation of reported abuse, neglect, or exploitation a | 
      
        |  | caseworker of the department or other state agency, as applicable, | 
      
        |  | or the caseworker's supervisor has cause to believe that the | 
      
        |  | elderly or disabled person has been abused, neglected, or exploited | 
      
        |  | by another person in a manner that constitutes a criminal offense | 
      
        |  | under any law, including Section 22.04, Penal Code, the caseworker | 
      
        |  | or supervisor shall: | 
      
        |  | (1)  immediately notify an appropriate law enforcement | 
      
        |  | agency, unless the law enforcement agency reported the alleged | 
      
        |  | abuse, neglect, or exploitation to the department; and | 
      
        |  | (2)  provide the law enforcement agency with a copy of | 
      
        |  | the investigation report of the department or other state agency, | 
      
        |  | as applicable, in a timely manner. | 
      
        |  | (b)  If during the course of the department's investigation | 
      
        |  | of reported abuse, neglect, or exploitation a caseworker of the | 
      
        |  | department or the caseworker's supervisor has cause to believe that | 
      
        |  | a disabled person who is a resident or client of a state supported | 
      
        |  | living center or the ICF-MR component of the Rio Grande State Center | 
      
        |  | has been abused, neglected, or exploited by another person in a | 
      
        |  | manner that constitutes a criminal offense under any law, including | 
      
        |  | Section 22.04, Penal Code, in addition to the report to the | 
      
        |  | appropriate law enforcement agency required by Subsection (a), the | 
      
        |  | caseworker shall immediately notify the commission's office of | 
      
        |  | inspector general and promptly provide the commission's office of | 
      
        |  | inspector general with a copy of the department's investigation | 
      
        |  | report. | 
      
        |  | SECTION 12.  Subsections (a) through (e), Section 48.154, | 
      
        |  | Human Resources Code, are amended to read as follows: | 
      
        |  | (a)  The department or another state agency, as appropriate, | 
      
        |  | shall have access to any records or documents, including | 
      
        |  | client-identifying information, financial records, and medical and | 
      
        |  | psychological records, necessary to the performance of the | 
      
        |  | department's or state agency's duties under this chapter.  The | 
      
        |  | duties include but are not limited to the investigation of abuse, | 
      
        |  | neglect, or exploitation or the provisions of services to an | 
      
        |  | elderly or disabled person.  A person, [ or] agency, or institution | 
      
        |  | that has a record or document that the department or state agency | 
      
        |  | needs to perform its duties under this chapter shall, without | 
      
        |  | unnecessary delay, make the record or document available to the | 
      
        |  | department or state agency that requested the record or document. | 
      
        |  | (b)  The department is exempt from the payment of a fee | 
      
        |  | otherwise required or authorized by law to obtain a financial | 
      
        |  | record from a person, agency, or institution or a medical record, | 
      
        |  | including a mental health record, from a hospital or health care | 
      
        |  | provider if the request for a record is made in the course of an | 
      
        |  | investigation by the department. | 
      
        |  | (c)  If the department or another state agency cannot obtain | 
      
        |  | access to a record or document that is necessary to properly conduct | 
      
        |  | an investigation or to perform another duty under this chapter, the | 
      
        |  | department or state agency may petition the probate court or the | 
      
        |  | statutory or constitutional county court having probate | 
      
        |  | jurisdiction for access to the record or document. | 
      
        |  | (d)  On good cause shown, the court shall order the person, | 
      
        |  | agency, or institution who has [ denied access to] a requested | 
      
        |  | record or document to allow the department or state agency to have | 
      
        |  | access to that record or document under the terms and conditions | 
      
        |  | prescribed by the court. | 
      
        |  | (e)  A person, agency, or institution who has a requested | 
      
        |  | record or document is entitled to notice and a hearing on a [ the] | 
      
        |  | petition filed under this section. | 
      
        |  | SECTION 13.  Subsection (d), Section 48.203, Human Resources | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (d)  Except as provided by Section 48.208, if [ If] an elderly | 
      
        |  | or disabled person withdraws from or refuses consent to voluntary | 
      
        |  | protective services, the services may not be provided. | 
      
        |  | SECTION 14.  Section 48.204, Human Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 48.204.  AGENCY POWERS.  A protective services agency | 
      
        |  | may furnish protective services to an elderly or disabled person | 
      
        |  | with the person's consent or to a relative or caretaker of an | 
      
        |  | elderly or disabled person on behalf of the elderly or disabled | 
      
        |  | person with the relative's or caregiver's consent or, if the elderly | 
      
        |  | or disabled person lacks the capacity to consent, without that | 
      
        |  | person's consent as provided by this chapter. | 
      
        |  | SECTION 15.  Section 48.208, Human Resources Code, is | 
      
        |  | amended by amending Subsections (e), (e-2), (f), and (h) and adding | 
      
        |  | Subsection (i) to read as follows: | 
      
        |  | (e)  The emergency order expires on the earlier of [ at] the | 
      
        |  | end of the 10th day after [ 72 hours from] the date [time] the order | 
      
        |  | is rendered or the end of the 10th day after the date the person was | 
      
        |  | removed to safer surroundings if the emergency order was rendered | 
      
        |  | subsequent to the removal of the person to safer surroundings in | 
      
        |  | accordance with Subsection (h), unless: | 
      
        |  | (1)  the emergency order terminates as provided by | 
      
        |  | Subsection (e-1); | 
      
        |  | (2)  the 10-day [ 72-hour] period ends on a Saturday, | 
      
        |  | Sunday, or legal holiday in which event the order is automatically | 
      
        |  | extended to 4 p.m. on the first succeeding business day; or | 
      
        |  | (3)  the court extends the order as provided by | 
      
        |  | Subsection (e-2). | 
      
        |  | (e-2)  The court, after notice and a hearing, may extend an | 
      
        |  | emergency order issued under this section for a period of not more | 
      
        |  | than 30 days after the date the original emergency order for | 
      
        |  | protective services was rendered.  The court, after notice and a | 
      
        |  | hearing and for good cause shown, may grant a second extension of an | 
      
        |  | emergency order of not more than an additional 30 days.  The court | 
      
        |  | may not grant more than two extensions of the original emergency | 
      
        |  | order.  An extension order that ends on a Saturday, Sunday, or legal | 
      
        |  | holiday is automatically extended to 4 p.m. on the first succeeding | 
      
        |  | business day.  The court may modify or terminate the emergency order | 
      
        |  | on petition of the department, the incapacitated person, or any | 
      
        |  | person interested in the person's [ his] welfare. | 
      
        |  | (f)  Any medical facility, emergency medical services | 
      
        |  | provider, or physician who provides treatment to or who transports | 
      
        |  | [ treating] an elderly or disabled person pursuant to an emergency | 
      
        |  | order under Subsection (d) or an emergency authorization under | 
      
        |  | Subsection (h) [ this chapter] is not liable for any damages arising | 
      
        |  | from the treatment or transportation, except those damages | 
      
        |  | resulting from the negligence of the facility, provider, or | 
      
        |  | physician. | 
      
        |  | (h)  If the department cannot obtain an emergency order under | 
      
        |  | this section because the court is closed on a Saturday, Sunday, or | 
      
        |  | legal holiday or after 5 p.m., the department may remove or | 
      
        |  | authorize an appropriate transportation service, including an | 
      
        |  | emergency medical services provider, to remove the elderly or | 
      
        |  | disabled person to safer surroundings, authorize medical | 
      
        |  | treatment, or authorize [ order] or provide other available services | 
      
        |  | necessary to remove conditions creating the threat to life or | 
      
        |  | physical safety.  The department must obtain an emergency order | 
      
        |  | under this section not later than 4 p.m. on the first succeeding | 
      
        |  | business day after the date on which protective services are | 
      
        |  | provided.  If the department does not obtain an emergency order, the | 
      
        |  | department shall cease providing protective services and, if | 
      
        |  | necessary, make arrangements for the immediate return of the person | 
      
        |  | to the place from which the person was removed, to the person's | 
      
        |  | place of residence in the state, or to another suitable place. | 
      
        |  | (i)  If the department's removal of a person from the | 
      
        |  | person's place of residence under this section results in that | 
      
        |  | residence being vacant, the department shall notify the appropriate | 
      
        |  | law enforcement agency of the vacancy to facilitate the law | 
      
        |  | enforcement agency's monitoring of the residence. | 
      
        |  | SECTION 16.  Subsections (a) and (b), Section 48.405, Human | 
      
        |  | Resources Code, are amended to read as follows: | 
      
        |  | (a)  If the employee requests a hearing, the department or | 
      
        |  | its designee shall: | 
      
        |  | (1)  set a hearing; | 
      
        |  | (2)  give written notice of the hearing to the | 
      
        |  | employee; and | 
      
        |  | (3)  designate an administrative law judge [ a hearings  | 
      
        |  | examiner] to conduct the hearing. | 
      
        |  | (b)  The administrative law judge [ hearings examiner] shall | 
      
        |  | make findings of fact and conclusions of law and shall promptly | 
      
        |  | issue an order regarding [ to the commissioner or the commissioner's  | 
      
        |  | designee a proposal for decision as to] the occurrence of the | 
      
        |  | reportable conduct. | 
      
        |  | SECTION 17.  Subsection (c), Section 48.405, Human Resources | 
      
        |  | Code, is repealed. | 
      
        |  | SECTION 18.  The change made by this Act to Section 48.053, | 
      
        |  | Human Resources Code, applies only to an offense committed on or | 
      
        |  | after the effective date of this Act.  An offense committed before | 
      
        |  | the effective date of this Act is governed by the law in effect when | 
      
        |  | the offense was committed, and the former law is continued in effect | 
      
        |  | for that purpose.  For the purposes of this section, an offense was | 
      
        |  | committed before the effective date of this Act if any element of | 
      
        |  | the offense occurred before that date. | 
      
        |  | SECTION 19.  The change in law made by this Act to Section | 
      
        |  | 48.405, Human Resources Code, applies only to a hearing requested | 
      
        |  | on or after the effective date of this Act.  A hearing requested | 
      
        |  | before the effective date of this Act is governed by the law in | 
      
        |  | effect when the hearing was requested, and the former law is | 
      
        |  | continued in effect for that purpose. | 
      
        |  | SECTION 20.  This Act takes effect September 1, 2011. | 
      
        |  |  | 
      
        |  |  | 
      
        |  | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 221 passed the Senate on | 
      
        |  | March 24, 2011, by the following vote:  Yeas 31, Nays 0; and that | 
      
        |  | the Senate concurred in House amendments on May 27, 2011, by the | 
      
        |  | following vote:  Yeas 31, Nays 0. | 
      
        |  |  | 
      
        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 221 passed the House, with | 
      
        |  | amendments, on May 20, 2011, by the following vote:  Yeas 145, | 
      
        |  | Nays 4, one present not voting. | 
      
        |  |  | 
      
        |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  |  | 
      
        |  | 
      
        |  | Approved: | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Governor |