Tex. Hum. Res. Code § 48.401

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 48.401 - [Effective Until 4/1/2025] Definitions

In this subchapter:

(1) "Agency" means:
(A) an entity licensed under Chapter 142, Health and Safety Code;
(B) a person exempt from licensing under Section 142.003(a)(19) or (20), Health and Safety Code;
(C) a facility licensed under Chapter 252, Health and Safety Code; or
(D) a provider investigated by the department under Subchapter F or under Section 261.404, Family Code.
(2) "Commissioner" means the commissioner of the Department of Family and Protective Services.
(3) "Employee" means a person who:
(A) works for:
(i) an agency; or
(ii) an individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code;
(B) provides personal care services, active treatment, or any other services to an individual receiving agency services, an individual who is a child for whom an investigation is authorized under Section 261.404, Family Code, or an individual receiving services through the consumer-directed service option, as defined by Section 531.051, Government Code; and
(C) is not licensed by the state to perform the services the person performs for the agency or the individual employer participating in the consumer-directed service option, as defined by Section 531.051, Government Code.
(4) "Employee misconduct registry" means the employee misconduct registry established under Chapter 253, Health and Safety Code.
(5) "Reportable conduct" includes:
(A) abuse or neglect that causes or may cause death or harm to an individual receiving agency services;
(B) sexual abuse of an individual receiving agency services;
(C) financial exploitation of an individual receiving agency services in an amount of $25 or more; and
(D) emotional, verbal, or psychological abuse that causes harm to an individual receiving agency services.

Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 13.001, eff. September 1, 2011.

Tex. Hum. Res. Code § 48.401

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 958,Sec. 4, eff. 9/1/2021.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1272,Sec. 18, eff. 9/1/2015.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 860,Sec. 10, eff. 9/1/2015.
Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 363,Sec. 10, eff. 1/1/2014.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 13.001, eff. 9/1/2011.
This section is set out more than once due to postponed, multiple, or conflicting amendments.