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.