Bill Text: TX HB4531 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the rights and treatment of and services provided to certain adult sexual assault survivors.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4531 Detail]
Download: Texas-2019-HB4531-Comm_Sub.html
Bill Title: Relating to the rights and treatment of and services provided to certain adult sexual assault survivors.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4531 Detail]
Download: Texas-2019-HB4531-Comm_Sub.html
86R25024 LED-F | |||
By: Neave | H.B. No. 4531 | ||
Substitute the following for H.B. No. 4531: | |||
By: Meyer | C.S.H.B. No. 4531 |
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relating to the rights and treatment of and services provided to | ||
certain adult sexual assault survivors. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 323.004(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) A health care facility must obtain documented consent | ||
before providing the forensic medical examination and treatment. | ||
The facility shall presume that an adult sexual assault survivor | ||
requesting a forensic medical examination and treatment is | ||
competent. | ||
SECTION 2. Chapter 323, Health and Safety Code, is amended | ||
by adding Section 323.0044 to read as follows: | ||
Sec. 323.0044. PROVISION OF EMERGENCY SERVICES TO CERTAIN | ||
ADULT SEXUAL ASSAULT SURVIVORS. (a) A health care facility shall | ||
provide a forensic medical examination and treatment to an adult | ||
sexual assault survivor for whom a guardian is appointed under | ||
Title 3, Estates Code, without the consent of the survivor's | ||
guardian, guardian ad litem, or other legal agent if: | ||
(1) the health care facility determines the survivor | ||
understands the nature of the forensic medical examination and | ||
treatment; and | ||
(2) the survivor agrees to receive the forensic | ||
medical examination and treatment. | ||
(b) Subject to Subsection (c), if an adult sexual assault | ||
survivor requests a forensic medical examination and treatment and | ||
a health care facility determines the survivor potentially is | ||
incapable of consenting to the forensic medical examination and | ||
treatment, the health care facility may: | ||
(1) obtain consent from a relative or caretaker of the | ||
survivor on the survivor's behalf; | ||
(2) obtain consent from the survivor's guardian, | ||
guardian ad litem, or other legal agent; or | ||
(3) petition a court with probate jurisdiction in the | ||
county in which the facility is located for an emergency order | ||
authorizing the forensic medical examination and treatment, in the | ||
manner provided by Section 48.208, Human Resources Code. | ||
(c) If personnel of a health care facility know or have | ||
reason to believe that the survivor's relative, caretaker, | ||
guardian, guardian ad litem, or other legal agent is a suspect or | ||
accomplice in the sexual assault of the survivor, the health care | ||
facility may not contact the survivor's relative, caretaker, | ||
guardian, guardian ad litem, or other legal agent. | ||
(d) A health care facility may not provide a forensic | ||
medical examination to an adult sexual assault survivor for whom a | ||
guardian is appointed under Title 3, Estates Code, if the survivor | ||
refuses the examination, regardless of whether the survivor's | ||
guardian requests or consents to the examination. | ||
SECTION 3. Section 420.072(c), Government Code, is amended | ||
to read as follows: | ||
(c) A communication, a record, or evidence that is | ||
confidential under this subchapter may not be disclosed to a parent | ||
or legal guardian of a survivor who is a minor or to a guardian | ||
appointed under Title 3, Estates Code, of an adult survivor, if | ||
applicable, if an advocate or a sexual assault program knows or has | ||
reason to believe that the parent or [ |
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survivor is a suspect or accomplice in the sexual assault of the | ||
survivor. | ||
SECTION 4. Section 420.073, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) Consent for the release of confidential information | ||
other than evidence contained in an evidence collection kit must be | ||
in writing and signed by the survivor, a parent or legal guardian if | ||
the survivor is a minor, [ |
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personal representative if the survivor is deceased. The written | ||
consent must specify: | ||
(1) the information or records covered by the release; | ||
(2) the reason or purpose for the release; and | ||
(3) the person to whom the information is to be | ||
released. | ||
(d) For purposes of Subsection (a), a written consent signed | ||
by an adult survivor with a guardian appointed under Title 3, | ||
Estates Code, is effective regardless of whether the adult | ||
survivor's guardian, guardian ad litem, or other legal agent signs | ||
the release. If the adult survivor agrees to the release but is | ||
unable to provide a signature and the guardian, guardian ad litem, | ||
or other legal agent is unavailable or declines to sign the release, | ||
then the investigating law enforcement officer may sign the | ||
release. | ||
SECTION 5. Section 420.0735(b), Government Code, is amended | ||
to read as follows: | ||
(b) For purposes of Subsection (a)(1), a written consent | ||
signed by an adult survivor with a guardian appointed under Title 3 | ||
[ |
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Estates Code, is effective regardless of whether the adult | ||
survivor's [ |
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other legal agent signs the release. If the adult survivor with an | ||
appointed guardian agrees to the release but [ |
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is unable to provide a signature and the guardian, guardian ad | ||
litem, or other legal agent is unavailable or declines to sign the | ||
release, then the investigating law enforcement officer may sign | ||
the release. | ||
SECTION 6. Section 1151.351(b), Estates Code, is amended to | ||
read as follows: | ||
(b) Unless limited by a court or otherwise restricted by | ||
law, a ward is authorized to the following: | ||
(1) to have a copy of the guardianship order and | ||
letters of guardianship and contact information for the probate | ||
court that issued the order and letters; | ||
(2) to have a guardianship that encourages the | ||
development or maintenance of maximum self-reliance and | ||
independence in the ward with the eventual goal, if possible, of | ||
self-sufficiency; | ||
(3) to be treated with respect, consideration, and | ||
recognition of the ward's dignity and individuality; | ||
(4) to reside and receive support services in the most | ||
integrated setting, including home-based or other community-based | ||
settings, as required by Title II of the Americans with | ||
Disabilities Act (42 U.S.C. Section 12131 et seq.); | ||
(5) to consideration of the ward's current and | ||
previously stated personal preferences, desires, medical and | ||
psychiatric treatment preferences, religious beliefs, living | ||
arrangements, and other preferences and opinions; | ||
(6) to financial self-determination for all public | ||
benefits after essential living expenses and health needs are met | ||
and to have access to a monthly personal allowance; | ||
(7) to receive timely and appropriate health care and | ||
medical treatment that does not violate the ward's rights granted | ||
by the constitution and laws of this state and the United States; | ||
(8) to exercise full control of all aspects of life not | ||
specifically granted by the court to the guardian; | ||
(9) to control the ward's personal environment based | ||
on the ward's preferences; | ||
(10) to complain or raise concerns regarding the | ||
guardian or guardianship to the court, including living | ||
arrangements, retaliation by the guardian, conflicts of interest | ||
between the guardian and service providers, or a violation of any | ||
rights under this section; | ||
(11) to receive notice in the ward's native language, | ||
or preferred mode of communication, and in a manner accessible to | ||
the ward, of a court proceeding to continue, modify, or terminate | ||
the guardianship and the opportunity to appear before the court to | ||
express the ward's preferences and concerns regarding whether the | ||
guardianship should be continued, modified, or terminated; | ||
(12) to have a court investigator, guardian ad litem, | ||
or attorney ad litem appointed by the court to investigate a | ||
complaint received by the court from the ward or any person about | ||
the guardianship; | ||
(13) to participate in social, religious, and | ||
recreational activities, training, employment, education, | ||
habilitation, and rehabilitation of the ward's choice in the most | ||
integrated setting; | ||
(14) to self-determination in the substantial | ||
maintenance, disposition, and management of real and personal | ||
property after essential living expenses and health needs are met, | ||
including the right to receive notice and object about the | ||
substantial maintenance, disposition, or management of clothing, | ||
furniture, vehicles, and other personal effects; | ||
(15) to personal privacy and confidentiality in | ||
personal matters, subject to state and federal law; | ||
(16) to unimpeded, private, and uncensored | ||
communication and visitation with persons of the ward's choice, | ||
except that if the guardian determines that certain communication | ||
or visitation causes substantial harm to the ward: | ||
(A) the guardian may limit, supervise, or | ||
restrict communication or visitation, but only to the extent | ||
necessary to protect the ward from substantial harm; and | ||
(B) the ward may request a hearing to remove any | ||
restrictions on communication or visitation imposed by the guardian | ||
under Paragraph (A); | ||
(17) to petition the court and retain counsel of the | ||
ward's choice who holds a certificate required by Subchapter E, | ||
Chapter 1054, to represent the ward's interest for capacity | ||
restoration, modification of the guardianship, the appointment of a | ||
different guardian, or for other appropriate relief under this | ||
subchapter, including a transition to a supported decision-making | ||
agreement, except as limited by Section 1054.006; | ||
(18) to vote in a public election, marry, and retain a | ||
license to operate a motor vehicle, unless restricted by the court; | ||
(19) to personal visits from the guardian or the | ||
guardian's designee at least once every three months, but more | ||
often, if necessary, unless the court orders otherwise; | ||
(20) to be informed of the name, address, phone | ||
number, and purpose of Disability Rights Texas, an organization | ||
whose mission is to protect the rights of, and advocate for, persons | ||
with disabilities, and to communicate and meet with representatives | ||
of that organization; | ||
(21) to be informed of the name, address, phone | ||
number, and purpose of an independent living center, an area agency | ||
on aging, an aging and disability resource center, and the local | ||
mental health and intellectual and developmental disability | ||
center, and to communicate and meet with representatives from these | ||
agencies and organizations; | ||
(22) to be informed of the name, address, phone | ||
number, and purpose of the Judicial Branch Certification Commission | ||
and the procedure for filing a complaint against a certified | ||
guardian; | ||
(23) to contact the Department of Family and | ||
Protective Services to report abuse, neglect, exploitation, or | ||
violation of personal rights without fear of punishment, | ||
interference, coercion, or retaliation; [ |
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(24) to have the guardian, on appointment and on | ||
annual renewal of the guardianship, explain the rights delineated | ||
in this subsection in the ward's native language, or preferred mode | ||
of communication, and in a manner accessible to the ward; and | ||
(25) to make decisions related to sexual assault | ||
crisis services, including consenting to a forensic medical | ||
examination and treatment, authorizing the collection of forensic | ||
evidence, consenting to the release of evidence contained in an | ||
evidence collection kit and disclosure of related confidential | ||
information, and receiving counseling and other support services. | ||
SECTION 7. This Act takes effect September 1, 2019. |