By: Neave, Raymond, Muñoz, Jr.	H.B. No. 4531

	A BILL TO BE ENTITLED
	AN ACT
	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 [legal] guardian of the
	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, [a legal guardian if the survivor has been
	adjudicated incompetent to manage the survivor's personal
	affairs,] an attorney ad litem appointed for the survivor, or a
	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 a notary may sign the release in the manner provided by Section
	406.0165.
	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
	[incapacitated person, as that term is defined by Chapter 1002],
	Estates Code, is effective regardless of whether the adult
	survivor's [incapacitated person's] guardian, guardian ad litem, or
	other legal agent signs the release. If the adult survivor with an
	appointed guardian agrees to the release but [incapacitated person]
	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; [and]
	(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.