Tex. Human Resources Code Section 48.253
Action on Report

(a)

On receipt by the commission of a report of alleged abuse, neglect, or exploitation under this subchapter, the commission shall initiate a prompt and thorough investigation as needed to evaluate the accuracy of the report and to assess the need for emergency protective services, unless the commission, in accordance with rules adopted under this subchapter, determines that the report:

(1)

is frivolous or patently without a factual basis; or

(2)

does not concern abuse, neglect, or exploitation.

(b)

After receiving a report that alleges that a provider is or may be the person who committed the alleged abuse, neglect, or exploitation, the commission shall notify the provider in accordance with rules adopted by the executive commissioner.

(c)

The provider identified under Subsection (b) shall:

(1)

cooperate completely with an investigation conducted under this subchapter; and

(2)

provide the commission complete access during an investigation to:

(A)

all sites owned, operated, or controlled by the provider; and

(B)

clients and client records.

(d)

The executive commissioner shall adopt rules governing investigations conducted under this subchapter.
Added by Acts 1999, 76th Leg., ch. 907, Sec. 33, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 16, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 17, eff. September 1, 2023.

Source: Section 48.253 — Action on Report, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­48.­htm#48.­253 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 48.253’s source at texas​.gov