H.B. No. 1337

	AN ACT
	relating to requiring institutions and assisted living facilities
	to maintain guardianship orders of residents.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 242, Health and Safety
	Code, is amended by adding Section 242.019 to read as follows:
	Sec. 242.019.  GUARDIANSHIP ORDERS. An institution shall
	make a reasonable effort to request a copy of any court order
	appointing a guardian of a resident or a resident's estate from the
	resident's nearest relative or the person responsible for the
	resident's support. An institution that receives a copy of a court
	order appointing a guardian of a resident or a resident's estate
	shall maintain a copy of the court order in the resident's medical
	records.
	SECTION 2.  Subchapter D, Chapter 247, Health and Safety
	Code, is amended by adding Section 247.070 to read as follows:
	Sec. 247.070.  GUARDIANSHIP ORDERS. An assisted living
	facility shall make a reasonable effort to request a copy of any
	court order appointing a guardian of a resident or a resident's
	estate from the resident's nearest relative or the person
	responsible for the resident's support. An assisted living facility
	that receives a copy of a court order appointing a guardian of a
	resident or a resident's estate shall maintain a copy of the court
	order in the resident's medical records.
	SECTION 3.  Section 260A.007(e), Health and Safety Code, is
	amended to read as follows:
	(e)  In investigating the report of abuse, neglect,
	exploitation, or other complaint, the investigator for the
	department shall:
	(1)  make an unannounced visit to the facility to
	determine the nature and cause of the alleged abuse, neglect, or
	exploitation of the resident;
	(2)  interview each available witness, including the
	resident who suffered the alleged abuse, neglect, or exploitation
	if the resident is able to communicate or another resident or other
	witness identified by any source as having personal knowledge
	relevant to the report of abuse, neglect, exploitation, or other
	complaint;
	(3)  personally inspect any physical circumstance that
	is relevant and material to the report of abuse, neglect,
	exploitation, or other complaint and that may be objectively
	observed;
	(4)  make a photographic record of any injury to a
	resident, subject to Subsection (n); [and]
	(5)  write an investigation report that includes:
	(A)  the investigator's personal observations;
	(B)  a review of relevant documents and records;
	(C)  a summary of each witness statement,
	including the statement of the resident that suffered the alleged
	abuse, neglect, or exploitation and any other resident interviewed
	in the investigation; and
	(D)  a statement of the factual basis for the
	findings for each incident or problem alleged in the report or other
	allegation; and
	(6)  for a resident of an institution or assisted
	living facility, inspect any court order appointing a guardian of
	the resident who was the subject of the alleged abuse, neglect, or
	exploitation that is maintained in the resident's medical records
	under Section 242.019 or 247.070.
	SECTION 4.  (a)  An institution is not required to comply
	with Section 242.019, Health and Safety Code, as added by this Act,
	before January 1, 2016.
	(b)  An assisted living facility is not required to comply
	with Section 247.070, Health and Safety Code, as added by this Act,
	before January 1, 2016.
	SECTION 5.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1337 was passed by the House on May 5,
	2015, by the following vote:  Yeas 144, Nays 1, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1337 was passed by the Senate on May
	26, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor