Tex. Human Resources Code Section 48.151
Action on Report


(a)

Not later than 24 hours after the department receives a report of an allegation of abuse, neglect, or exploitation under Section 48.051 (Report), the department shall initiate a prompt and thorough investigation as needed to evaluate the accuracy of the report and to assess the need for protective services, unless the department determines that the report:

(1)

is frivolous or patently without a factual basis; or

(2)

does not concern abuse, neglect, or exploitation, as those terms are defined by rules adopted by the executive commissioner under Section 48.002 (Definitions)(c), except that if the executive commissioner has not adopted applicable rules under that section, the statutory definitions of those terms under Section 48.002 (Definitions)(a) shall be used.

(b)

The executive commissioner shall adopt rules for conducting investigations under this chapter.

(c)

The executive commissioner by rule may assign priorities and prescribe investigative procedures for conducting investigations according to the degree of severity and immediacy of the alleged harm to the individual. Notwithstanding Subsection (a), the priorities and procedures may provide that an investigation is not required to be initiated within 24 hours in all cases.

(d)

The department shall prepare and keep on file a report of each investigation conducted by the department.

(e)

This section does not apply to investigations conducted under Subchapter F.
Added by Acts 1981, 67th Leg., p. 2368, ch. 584, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 730, ch. 172, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 1052, Sec. 5.04, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 303, Sec. 8, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 56, eff. Sept. 1, 1997. Renumbered from Sec. 48.037 and amended by Acts 1999, 76th Leg., ch. 907, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 9, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.264, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 6, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 14, eff. September 1, 2015.

Source: Section 48.151 — Action on Report, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­48.­htm#48.­151 (accessed Mar. 23, 2024).

48.001
Purpose
48.002
Definitions
48.003
Investigations in Nursing Facilities, Assisted Living Facilities, and Similar Facilities
48.004
Risk Assessment
48.005
Maintenance of Records
48.006
Community Satisfaction Survey
48.007
Memorandum of Understanding Regarding Certain Abuse, Neglect, or Exploitation Investigations
48.0021
Reference to Commission or Executive Commissioner
48.051
Report
48.052
Failure to Report
48.053
False Report
48.054
Immunity
48.101
Confidentiality and Disclosure of Information
48.102
Reports of Investigations in Schools
48.103
Notification of Licensing or Contracting Agency
48.151
Action on Report
48.152
Investigation
48.153
Access to Investigation
48.154
Access to Records or Documents
48.155
Interference with Investigation or Services Prohibited
48.156
Agency Reports
48.159
Internal Review of Department Investigation
48.201
Application of Subchapter
48.202
Service Determination by Department or Agency
48.203
Voluntary Protective Services
48.204
Agency Powers
48.205
Provision of Services
48.206
Cost of Services
48.207
Objection to Medical Treatment
48.208
Emergency Order for Protective Services
48.209
Referral for Guardianship Services
48.210
Representation
48.211
Report to Guardianship Court
48.251
Definitions
48.252
Investigation of Reports of Abuse, Neglect, or Exploitation by Provider
48.253
Action on Report
48.254
Forwarding of Certain Reports
48.255
Rules for Investigations Under This Subchapter
48.256
Sharing Provider Information
48.257
Retaliation Prohibited
48.258
Tracking System for Reports and Investigations
48.301
Investigation of Reports in Other State Facilities
48.302
Approval of Rules
48.303
Memorandum of Understanding
48.304
Statistics
48.401
Definitions
48.402
Rules Relating to Reportable Conduct
48.403
Finding
48.404
Notice of Finding
48.405
Hearing
48.406
Notice
48.407
Informal Proceedings
48.408
Information for the Employee Misconduct Registry
48.1521
Investigation of Complex Cases
48.1522
Reports of Criminal Conduct to Law Enforcement Agency
48.1523
Management Review Following Certain Investigations
48.2535
Forwarding Certain Reports of Criminal Conduct to Law Enforcement

Accessed:
Mar. 23, 2024

§ 48.151’s source at texas​.gov