HBA-CCH H.B. 3335 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3335 By: Telford Civil Practices 3/19/2001 Introduced BACKGROUND AND PURPOSE Under current law, individuals who have cause to believe that an elderly or disabled person is being abused, neglected, or exploited must report their concern to the appropriate authority and are immune from civil or criminal liability. However, the law is unclear about the liability of a business entity if an employee observes and reports the abuse or exploitation of a customer. For example, a bank employee might subject the bank to civil liability for releasing personal information in the report of the financial exploitation of an elderly or disabled customer. House Bill 3335 provides that an employer is immune from liability if an employee makes a report in good faith regarding the abuse, neglect, or exploitation of an elderly or disabled person. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3335 amends the Human Resources Code to provide that the duty of a person to report the abuse, neglect, or exploitation of an elderly or disabled person applies without exception to a person whose knowledge of an incident is obtained during the scope of employment of the person filing the report. The bill also provides that an employer whose employee files a report is immune from civil or criminal liability on account of an employee's report, testimony, or participation in any judicial proceedings arising from a petition, report, or investigation. This provision does not apply to an employer who is the subject of an investigation. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.