Bill Text: TX HB985 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to the abuse, neglect, and exploitation of residents of certain facilities; creating an offense; providing penalties.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Introduced - Dead) 2011-05-09 - Committee report sent to Calendars [HB985 Detail]

Download: Texas-2011-HB985-Comm_Sub.html

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82R24551 NAJ-F
By: Menendez, Miles, Dukes H.B. No. 985
Substitute the following for H.B. No. 985:
By: Hughes C.S.H.B. No. 985

A BILL TO BE ENTITLED
AN ACT
relating to the abuse, neglect, and exploitation of residents of
certain facilities; creating an offense; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 260 to read as follows:
CHAPTER 260. REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF
RESIDENTS OF CERTAIN FACILITIES
Sec. 260.001. DEFINITIONS. In this chapter:
(1) "Abuse" means:
(A) the negligent or wilful infliction of injury,
unreasonable confinement, intimidation, or cruel punishment with
resulting physical or emotional harm or pain to a resident by the
resident's caregiver, family member, or other individual who has an
ongoing relationship with the resident; or
(B) sexual abuse of a resident, including any
involuntary or nonconsensual sexual conduct that would constitute
an offense under Section 21.08, Penal Code (indecent exposure), or
Chapter 22, Penal Code (assaultive offenses), committed by the
resident's caregiver, family member, or other individual who has an
ongoing relationship with the resident.
(2) "Department" means the Department of Aging and
Disability Services.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Exploitation" means the illegal or improper act
or process of a caregiver, family member, or other individual who
has an ongoing relationship with the resident using the resources
of a resident for monetary or personal benefit, profit, or gain
without the informed consent of the resident.
(5) "Facility" means:
(A) an institution as that term is defined by
Section 242.002; and
(B) an assisted living facility as that term is
defined by Section 247.002.
(6) "Neglect" means the failure to provide for one's
self the goods or services, including medical services, which are
necessary to avoid physical or emotional harm or pain or the failure
of a caregiver to provide such goods or services.
(7) "Resident" means an individual, including a
patient, who resides in a facility.
Sec. 260.002. REPORTING OF ABUSE, NEGLECT, AND
EXPLOITATION. (a) A person, including an owner or employee of a
facility, who has cause to believe that the physical or mental
health or welfare of a resident has been or may be adversely
affected by abuse, neglect, or exploitation caused by another
person shall report the abuse, neglect, or exploitation in
accordance with this chapter.
(b) Each facility shall require each employee of the
facility, as a condition of employment with the facility, to sign a
statement that the employee realizes that the employee may be
criminally liable for failure to report those abuses.
(c) A person shall make an oral report immediately on
learning of the abuse, neglect, or exploitation and shall make a
written report to the department not later than the fifth day after
the oral report is made.
Sec. 260.003. CONTENTS OF REPORT. (a) A report of abuse,
neglect, or exploitation is nonaccusatory and reflects the
reporting person's belief that a resident has been or will be
abused, neglected, or exploited or has died of abuse or neglect.
(b) The report must contain:
(1) the name and address of the resident;
(2) the name and address of the person responsible for
the care of the resident, if available; and
(3) other relevant information.
(c) Except for an anonymous report under Section 260.004, a
report of abuse, neglect, or exploitation under Section 260.002
should also include the address or phone number of the person making
the report so that an investigator can contact the person for any
necessary additional information. The phone number, address, and
name of the person making the report must be deleted from any copy
of any type of report that is released to the public, to the
facility, or to an owner or agent of the facility.
Sec. 260.004. ANONYMOUS REPORTS OF ABUSE, NEGLECT, OR
EXPLOITATION. (a) An anonymous report of abuse, neglect, or
exploitation, although not encouraged, shall be received and acted
on in the same manner as an acknowledged report.
(b) An anonymous report about a specific individual that
accuses the individual of abuse, neglect, or exploitation need not
be investigated.
Sec. 260.005. TELEPHONE HOTLINE; PROCESSING OF REPORTS.
(a) The department shall operate the department's telephone hotline
to:
(1) receive reports of abuse, neglect, or
exploitation; and
(2) dispatch investigators.
(b) A report of abuse, neglect, or exploitation shall be
made to the department's telephone hotline or to a local or state
law enforcement agency. A report made relating to abuse, neglect,
or exploitation or another complaint described by Section
260.007(c)(1) shall be made to the department's telephone hotline
and to the law enforcement agency described by Section 260.017(a).
(c) Except as provided by Section 260.017, a local or state
law enforcement agency that receives a report of abuse, neglect, or
exploitation shall refer the report to the department.
Sec. 260.006. NOTICE. (a) Each facility shall prominently
and conspicuously post a sign for display in a public area of the
facility that is readily available to residents, employees, and
visitors.
(b) The sign must include the statement: CASES OF SUSPECTED
ABUSE, NEGLECT, OR EXPLOITATION SHALL BE REPORTED TO THE TEXAS
DEPARTMENT OF AGING AND DISABILITY SERVICES BY CALLING (insert
telephone hotline number).
(c) A facility shall provide the telephone hotline number to
an immediate family member of a resident of the facility upon the
resident's admission into the facility.
Sec. 260.007. INVESTIGATION AND REPORT OF DEPARTMENT. (a)
The department shall make a thorough investigation after receiving
an oral or written report of abuse, neglect, or exploitation under
Section 260.002 or another complaint alleging abuse, neglect, or
exploitation.
(b) The primary purpose of the investigation is the
protection of the resident.
(c) The department shall begin the investigation:
(1) within 24 hours after receipt of the report or
other allegation, if the report of abuse, neglect, exploitation, or
other complaint alleges that:
(A) a resident's health or safety is in imminent
danger;
(B) a resident has recently died because of
conduct alleged in the report of abuse, neglect, exploitation, or
other complaint;
(C) a resident has been hospitalized or been
treated in an emergency room because of conduct alleged in the
report of abuse, neglect, exploitation, or other complaint;
(D) a resident has been a victim of any act or
attempted act described by Section 21.02, 21.11, 22.011, or 22.021,
Penal Code; or
(E) a resident has suffered bodily injury, as
that term is defined by Section 1.07, Penal Code, because of conduct
alleged in the report of abuse, neglect, exploitation, or other
complaint; or
(2) before the end of the next working day after the
date of receipt of the report of abuse, neglect, exploitation, or
other complaint, if the report or complaint alleges the existence
of circumstances that could result in abuse, neglect, or
exploitation and that could place a resident's health or safety in
imminent danger.
(d) The department shall adopt rules governing the conduct
of investigations, including procedures to ensure that the
complainant and the resident, the resident's next of kin, and any
person designated to receive information concerning the resident
receive periodic information regarding the investigation.
(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.
(f) An investigator for an investigating agency shall
conduct an interview under Subsection (e)(2) in private unless the
witness expressly requests that the interview not be private.
(g) Not later than the 30th day after the date the
investigation is complete, the investigator shall prepare the
written report required by Subsection (e). The department shall
make the investigation report available to the public on request
after the date the department's letter of determination is
complete. The department shall delete from any copy made available
to the public:
(1) the name of:
(A) any resident, unless the department receives
written authorization from a resident or the resident's legal
representative requesting the resident's name be left in the
report;
(B) the person making the report of abuse,
neglect, exploitation, or other complaint; and
(C) an individual interviewed in the
investigation; and
(2) photographs of any injury to the resident.
(h) In the investigation, the department shall determine:
(1) the nature, extent, and cause of the abuse,
neglect, or exploitation;
(2) the identity of the person responsible for the
abuse, neglect, or exploitation;
(3) the names and conditions of the other residents;
(4) an evaluation of the persons responsible for the
care of the residents;
(5) the adequacy of the facility environment; and
(6) any other information required by the department.
(i) If the department attempts to carry out an on-site
investigation and it is shown that admission to the facility or any
place where the resident is located cannot be obtained, a probate or
county court shall order the person responsible for the care of the
resident or the person in charge of a place where the resident is
located to allow entrance for the interview and investigation.
(j) Before the completion of the investigation, the
department shall file a petition for temporary care and protection
of the resident if the department determines that immediate removal
is necessary to protect the resident from further abuse, neglect,
or exploitation.
(k) The department shall make a complete final written
report of the investigation and submit the report and its
recommendations to the district attorney and, if a law enforcement
agency has not investigated the report of abuse, neglect,
exploitation, or other complaint, to the appropriate law
enforcement agency.
(l) Within 24 hours after receipt of a report of abuse,
neglect, exploitation, or other complaint described by Subsection
(c)(1), the department shall report the report or complaint to the
law enforcement agency described by Section 260.017(a). The
department shall cooperate with that law enforcement agency in the
investigation of the report or complaint as described by Section
260.017.
(m) The inability or unwillingness of a local law
enforcement agency to conduct a joint investigation under Section
260.017 does not constitute grounds to prevent or prohibit the
department from performing its duties under this chapter. The
department shall document any instance in which a law enforcement
agency is unable or unwilling to conduct a joint investigation
under Section 260.017.
(n) If the department determines that, before a
photographic record of an injury to a resident may be made under
Subsection (e), consent is required under state or federal law, the
investigator:
(1) shall seek to obtain any required consent; and
(2) may not make the photographic record unless the
consent is obtained.
Sec. 260.008. CONFIDENTIALITY. A report, record, or
working paper used or developed in an investigation made under this
chapter and the name, address, and phone number of any person making
a report under this chapter are confidential and may be disclosed
only for purposes consistent with rules adopted by the executive
commissioner. The report, record, or working paper and the name,
address, and phone number of the person making the report shall be
disclosed to a law enforcement agency as necessary to permit the law
enforcement agency to investigate a report of abuse, neglect,
exploitation, or other complaint in accordance with Section
260.017.
Sec. 260.009. IMMUNITY. (a) A person who reports as
provided by this chapter is immune from civil or criminal liability
that, in the absence of the immunity, might result from making the
report.
(b) The immunity provided by this section extends to
participation in any judicial proceeding that results from the
report.
(c) This section does not apply to a person who reports in
bad faith or with malice.
Sec. 260.010. PRIVILEGED COMMUNICATIONS. In a proceeding
regarding the abuse, neglect, or exploitation of a resident or the
cause of any abuse, neglect, or exploitation, evidence may not be
excluded on the ground of privileged communication except in the
case of a communication between an attorney and client.
Sec. 260.011. CENTRAL REGISTRY. (a) The department shall
maintain in the city of Austin a central registry of reported cases
of resident abuse, neglect, or exploitation.
(b) The executive commissioner may adopt rules necessary to
carry out this section.
(c) The rules shall provide for cooperation with hospitals
and clinics in the exchange of reports of resident abuse, neglect,
or exploitation.
Sec. 260.012. FAILURE TO REPORT; CRIMINAL PENALTY. (a) A
person commits an offense if the person has cause to believe that a
resident's physical or mental health or welfare has been or may be
further adversely affected by abuse, neglect, or exploitation and
knowingly fails to report in accordance with Section 260.002.
(b) An offense under this section is a Class A misdemeanor.
Sec. 260.013. BAD FAITH, MALICIOUS, OR RECKLESS REPORTING;
CRIMINAL PENALTY. (a) A person commits an offense if the person
reports under this chapter in bad faith, maliciously, or
recklessly.
(b) An offense under this section is a Class A misdemeanor.
(c) The criminal penalty provided by this section is in
addition to any civil penalties for which the person may be liable.
Sec. 260.014. RETALIATION AGAINST EMPLOYEES PROHIBITED.
(a) In this section, "employee" means a person who is an employee
of a facility or any other person who provides services for a
facility for compensation, including a contract laborer for the
facility.
(b) An employee has a cause of action against a facility, or
the owner or another employee of the facility, that suspends or
terminates the employment of the person or otherwise disciplines or
discriminates or retaliates against the employee for reporting to
the employee's supervisor, an administrator of the facility, a
state regulatory agency, or a law enforcement agency a violation of
law, including a violation of Chapter 242 or 247 or a rule adopted
under Chapter 242 or 247, or for initiating or cooperating in any
investigation or proceeding of a governmental entity relating to
care, services, or conditions at the facility.
(c) The petitioner may recover:
(1) the greater of $1,000 or actual damages, including
damages for mental anguish even if an injury other than mental
anguish is not shown, and damages for lost wages if the petitioner's
employment was suspended or terminated;
(2) exemplary damages;
(3) court costs; and
(4) reasonable attorney's fees.
(d) In addition to the amounts that may be recovered under
Subsection (c), a person whose employment is suspended or
terminated is entitled to appropriate injunctive relief,
including, if applicable:
(1) reinstatement in the person's former position; and
(2) reinstatement of lost fringe benefits or seniority
rights.
(e) The petitioner, not later than the 90th day after the
date on which the person's employment is suspended or terminated,
must bring suit or notify the Texas Workforce Commission of the
petitioner's intent to sue under this section. A petitioner who
notifies the Texas Workforce Commission under this subsection must
bring suit not later than the 90th day after the date of the
delivery of the notice to the commission. On receipt of the notice,
the commission shall notify the facility of the petitioner's intent
to bring suit under this section.
(f) The petitioner has the burden of proof, except that
there is a rebuttable presumption that the person's employment was
suspended or terminated for reporting abuse, neglect, or
exploitation if the person is suspended or terminated within 60
days after the date on which the person reported in good faith.
(g) A suit under this section may be brought in the district
court of the county in which:
(1) the plaintiff resides;
(2) the plaintiff was employed by the defendant; or
(3) the defendant conducts business.
(h) Each facility shall require each employee of the
facility, as a condition of employment with the facility, to sign a
statement that the employee understands the employee's rights under
this section. The statement must be part of the statement required
under Section 260.002. If a facility does not require an employee
to read and sign the statement, the periods under Subsection (e) do
not apply, and the petitioner must bring suit not later than the
second anniversary of the date on which the person's employment is
suspended or terminated.
Sec. 260.015. RETALIATION AGAINST VOLUNTEERS, RESIDENTS,
OR FAMILY MEMBERS OR GUARDIANS OF RESIDENTS. (a) A facility may
not retaliate or discriminate against a volunteer, resident, or
family member or guardian of a resident because the volunteer,
resident, resident's family member or guardian, or any other
person:
(1) makes a complaint or files a grievance concerning
the facility;
(2) reports a violation of law, including a violation
of Chapter 242 or 247 or a rule adopted under Chapter 242 or 247; or
(3) initiates or cooperates in an investigation or
proceeding of a governmental entity relating to care, services, or
conditions at the facility.
(b) A volunteer, resident, or family member or guardian of a
resident who is retaliated or discriminated against in violation of
Subsection (a) is entitled to sue for:
(1) injunctive relief;
(2) the greater of $1,000 or actual damages, including
damages for mental anguish even if an injury other than mental
anguish is not shown;
(3) exemplary damages;
(4) court costs; and
(5) reasonable attorney's fees.
(c) A volunteer, resident, or family member or guardian of a
resident who seeks relief under this section must report the
alleged violation not later than the 180th day after the date on
which the alleged violation of this section occurred or was
discovered by the volunteer, resident, or family member or guardian
of the resident through reasonable diligence.
(d) A suit under this section may be brought in the district
court of the county in which the facility is located or in a
district court of Travis County.
Sec. 260.016. REPORTS RELATING TO DEATHS OF RESIDENTS OF AN
INSTITUTION. (a) In this section, "institution" has the meaning
assigned by Section 242.002.
(b) An institution shall submit a report to the department
concerning deaths of residents of the institution. The report must
be submitted within 10 working days after the last day of each month
in which a resident of the institution dies. The report must also
include the death of a resident occurring within 24 hours after the
resident is transferred from the institution to a hospital.
(c) The institution must make the report on a form
prescribed by the department. The report must contain the name and
social security number of the deceased.
(d) The department shall correlate reports under this
section with death certificate information to develop data relating
to the:
(1) name and age of the deceased;
(2) official cause of death listed on the death
certificate;
(3) date, time, and place of death; and
(4) name and address of the institution in which the
deceased resided.
(e) Except as provided by Subsection (f), a record under
this section is confidential and not subject to the provisions of
Chapter 552, Government Code.
(f) The department shall develop statistical information on
official causes of death to determine patterns and trends of
incidents of death among residents and in specific institutions.
Information developed under this subsection is public.
(g) A licensed institution shall make available historical
statistics on all required information on request of an applicant
or applicant's representative.
Sec. 260.017. DUTIES OF LAW ENFORCEMENT; JOINT
INVESTIGATION. (a) The department shall investigate a report of
abuse, neglect, exploitation, or other complaint described by
Section 260.007(c)(1) jointly with:
(1) the municipal law enforcement agency, if the
facility is located within the territorial boundaries of a
municipality; or
(2) the sheriff's department of the county in which the
facility is located, if the facility is not located within the
territorial boundaries of a municipality.
(b) The law enforcement agency described by Subsection (a)
shall acknowledge the report of abuse, neglect, exploitation, or
other complaint and begin the joint investigation required by this
section within 24 hours after receipt of the report or complaint.
The law enforcement agency shall cooperate with the department and
report to the department the results of the investigation.
(c) The requirement that the law enforcement agency and the
department conduct a joint investigation under this section does
not require that a representative of each agency be physically
present during all phases of the investigation or that each agency
participate equally in each activity conducted in the course of the
investigation.
Sec. 260.018. CALL CENTER EVALUATION; REPORT. (a) The
department, using existing resources, shall test, evaluate, and
determine the most effective and efficient staffing pattern for
receiving and processing complaints by expanding customer service
representatives' hours of availability at the department's
telephone hotline call center.
(b) The department shall report the findings of the
evaluation described by Subsection (a) to the House Committee on
Human Services and the Senate Committee on Health and Human
Services not later than September 1, 2012.
(c) This section expires October 31, 2012.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.271 to read as follows:
Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING
ABUSE, NEGLECT, OR EXPLOITATION. Notwithstanding Article 2.27, on
receipt of a report of abuse, neglect, exploitation, or other
complaint of a resident of a nursing home, convalescent home, or
other related institution or an assisted living facility, under
Section 260.007(c)(1), Health and Safety Code, the appropriate
local law enforcement agency shall investigate the report as
required by Section 260.017, Health and Safety Code.
SECTION 3. Subchapter A, Chapter 242, Health and Safety
Code, is amended by adding Section 242.018 to read as follows:
Sec. 242.018. COMPLIANCE WITH CHAPTER 260. (a) An
institution shall comply with Chapter 260 and the rules adopted
under that chapter.
(b) A person, including an owner or employee of an
institution, shall comply with Chapter 260 and the rules adopted
under that chapter.
SECTION 4. Section 242.042(a), Health and Safety Code, is
amended to read as follows:
(a) Each institution shall prominently and conspicuously
post for display in a public area of the institution that is readily
available to residents, employees, and visitors:
(1) the license issued under this chapter;
(2) a sign prescribed by the department that specifies
complaint procedures established under this chapter or rules
adopted under this chapter and that specifies how complaints may be
registered with the department;
(3) a notice in a form prescribed by the department
stating that licensing inspection reports and other related reports
which show deficiencies cited by the department are available at
the institution for public inspection and providing the
department's toll-free telephone number that may be used to obtain
information concerning the institution;
(4) a concise summary of the most recent inspection
report relating to the institution;
(5) notice that the department can provide summary
reports relating to the quality of care, recent investigations,
litigation, and other aspects of the operation of the institution;
(6) notice that the Texas Board of Nursing Facility
Administrators can provide information about the nursing facility
administrator;
(7) any notice or written statement required to be
posted under Section 242.072(c);
(8) notice that informational materials relating to
the compliance history of the institution are available for
inspection at a location in the institution specified by the sign;
[and]
(9) notice that employees, other staff, residents,
volunteers, and family members and guardians of residents are
protected from discrimination or retaliation as provided by
Sections 260.014 and 260.015; and
(10) a sign required to be posted under Section
260.006(a) [242.133 and 242.1335].
SECTION 5. Section 242.0665(b), Health and Safety Code, is
amended to read as follows:
(b) Subsection (a) does not apply:
(1) to a violation that the department determines:
(A) results in serious harm to or death of a
resident;
(B) constitutes a serious threat to the health or
safety of a resident; or
(C) substantially limits the institution's
capacity to provide care;
(2) to a violation described by Sections
242.066(a)(2)-(7);
(3) to a violation of Section 260.014 [242.133] or
260.015 [242.1335]; or
(4) to a violation of a right of a resident adopted
under Subchapter L.
SECTION 6. Sections 242.848(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) For purposes of the duty to report abuse or neglect
under Section 260.002 [242.122] and the criminal penalty for the
failure to report abuse or neglect under Section 260.012 [242.131],
a person who is conducting electronic monitoring on behalf of a
resident under this subchapter is considered to have viewed or
listened to a tape or recording made by the electronic monitoring
device on or before the 14th day after the date the tape or
recording is made.
(b) If a resident who has capacity to determine that the
resident has been abused or neglected and who is conducting
electronic monitoring under this subchapter gives a tape or
recording made by the electronic monitoring device to a person and
directs the person to view or listen to the tape or recording to
determine whether abuse or neglect has occurred, the person to whom
the resident gives the tape or recording is considered to have
viewed or listened to the tape or recording on or before the seventh
day after the date the person receives the tape or recording for
purposes of the duty to report abuse or neglect under Section
260.002 [242.122] and of the criminal penalty for the failure to
report abuse or neglect under Section 260.012 [242.131].
SECTION 7. Subchapter A, Chapter 247, Health and Safety
Code, is amended by adding Section 247.007 to read as follows:
Sec. 247.007. COMPLIANCE WITH CHAPTER 260. (a) An assisted
living facility shall comply with Chapter 260 and the rules adopted
under that chapter.
(b) A person, including an owner or employee of an assisted
living facility, shall comply with Chapter 260 and the rules
adopted under that chapter.
SECTION 8. Section 247.043(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall conduct an investigation in
accordance with Section 260.007 after receiving a report [a
preliminary investigation of each allegation] of abuse,
exploitation, or neglect of a resident of an assisted living
facility [to determine if there is evidence to corroborate the
allegation. If the department determines that there is evidence to
corroborate the allegation, the department shall conduct a thorough
investigation of the allegation].
SECTION 9. Section 247.0452(b), Health and Safety Code, is
amended to read as follows:
(b) Subsection (a) does not apply:
(1) to a violation that the department determines
results in serious harm to or death of a resident;
(2) to a violation described by Sections
247.0451(a)(2)-(7) or a violation of Section 260.014 or 260.015;
(3) to a second or subsequent violation of:
(A) a right of the same resident under Section
247.064; or
(B) the same right of all residents under Section
247.064; or
(4) to a violation described by Section 247.066, which
contains its own right to correct provisions.
SECTION 10. Section 48.003, Human Resources Code, is
amended to read as follows:
Sec. 48.003. INVESTIGATIONS IN NURSING HOMES, ASSISTED
LIVING FACILITIES, AND SIMILAR FACILITIES. (a) This chapter does
not apply if the alleged or suspected abuse, neglect, or
exploitation occurs in a facility licensed under Chapter 242 or
247, Health and Safety Code.
(b) Alleged or suspected abuse, neglect, or exploitation
that occurs in a facility licensed under Chapter 242 or 247, Health
and Safety Code, is governed by Chapter 260 [Subchapter B, Chapter
242], Health and Safety Code.
SECTION 11. Subchapter E, Chapter 242, Health and Safety
Code, is repealed.
SECTION 12. (a) The repeal by this Act of Section 242.131,
Health and Safety Code, does not apply to an offense committed under
that section before the effective date of this Act. An offense
committed before the effective date of this Act is governed by that
section as it existed on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this subsection, an offense was committed before the effective date
of this Act if any element of the offense occurred before that date.
(b) The repeal by this Act of Sections 242.133 and 242.1335,
Health and Safety Code, does not apply to a cause of action that
accrues before the effective date of this Act. A cause of action
that accrues before the effective date of this Act is governed by
Section 242.133 or 242.1335, Health and Safety Code, as applicable,
as the section existed at the time the cause of action accrued, and
the former law is continued in effect for that purpose.
(c) The change in law made by this Act by the repeal of
Subchapter E, Chapter 242, Health and Safety Code, does not apply to
a disciplinary action under Subchapter C, Chapter 242, Health and
Safety Code, for conduct that occurred before the effective date of
this Act. Conduct that occurs before the effective date of this Act
is governed by the law as it existed on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
SECTION 13. (a) The Department of Aging and Disability
Services shall implement Chapter 260, Health and Safety Code, as
added by this Act, using only existing resources and personnel.
(b) The Department of Aging and Disability Services shall
ensure that the services provided on the effective date of this Act
are at least as comprehensive as the services provided on the day
before the effective date of this Act.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.