2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 555. STATE SUPPORTED LIVING CENTERS  

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE B. STATE FACILITIES

CHAPTER 555. STATE SUPPORTED LIVING CENTERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 555.001. DEFINITIONS. In this chapter:

(1) "Alleged offender resident" means a person with mental

retardation who:

(A) was committed to or transferred to a state supported living

center under Chapter 46B or 46C, Code of Criminal Procedure, as a

result of being charged with or convicted of a criminal offense;

or

(B) is a child committed to or transferred to a state supported

living center under Chapter 55, Family Code, as a result of being

alleged by petition or having been found to have engaged in

delinquent conduct constituting a criminal offense.

(2) "Center" means the state supported living centers and the

ICF-MR component of the Rio Grande State Center.

(3) "Center employee" means an employee of a state supported

living center or the ICF-MR component of the Rio Grande State

Center.

(4) "Client" means a person with mental retardation who receives

ICF-MR services from a state supported living center or the

ICF-MR component of the Rio Grande State Center.

(5) "Commission" means the Health and Human Services Commission.

(6) "Complaint" means information received by the office of

independent ombudsman regarding a possible violation of a right

of a resident or client and includes information received

regarding a failure by a state supported living center or the

ICF-MR component of the Rio Grande State Center to comply with

the department's policies and procedures relating to the

community living options information process.

(7) "Department" means the Department of Aging and Disability

Services.

(8) "Direct care employee" means a center employee who provides

direct delivery of services to a resident or client.

(9) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(10) "High-risk alleged offender resident" means an alleged

offender resident who has been determined under Section 555.003

to be at risk of inflicting substantial physical harm to another.

(11) "Independent ombudsman" means the individual who has been

appointed to the office of independent ombudsman for state

supported living centers.

(12) "Inspector general" means the Health and Human Services

Commission's office of inspector general.

(13) "Interdisciplinary team" has the meaning assigned by

Section 591.003.

(14) "Office" means the office of independent ombudsman for

state supported living centers established under Subchapter C.

(15) "Resident" means a person with mental retardation who

resides in a state supported living center or the ICF-MR

component of the Rio Grande State Center.

(16) "State supported living center" has the meaning assigned by

Section 531.002.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.002. FORENSIC STATE SUPPORTED LIVING CENTER. (a) The

department shall establish a separate forensic state supported

living center for the care apart from other clients and residents

of high-risk alleged offender residents. The department shall

designate the Mexia State Supported Living Center for this

purpose.

(b) In establishing the forensic state supported living center,

the department shall:

(1) transfer an alleged offender resident already residing in a

center who is classified as a high-risk alleged offender resident

in accordance with Section 555.003, to the forensic state

supported living center;

(2) place high-risk alleged offender residents in separate homes

at the forensic state supported living center based on whether an

individual is:

(A) an adult or a person younger than 18 years of age; or

(B) male or female;

(3) place alleged offender residents who are charged with or

convicted of a felony offense or who are alleged by petition or

have been found to have engaged in delinquent conduct defined as

a felony offense, at the time the residents are initially

committed to or transferred to a center, in the forensic state

supported living center until a determination under Section

555.003 has been completed;

(4) transfer all residents who request a transfer, other than

high-risk alleged offender residents and alleged offender

residents described by Subdivision (3) and for whom a

determination has not been completed under Section 555.003, from

the forensic state supported living center; and

(5) provide training regarding the service delivery system for

high-risk alleged offender residents to direct care employees of

the forensic state supported living center.

(c) An alleged offender resident committed to the forensic state

supported living center, for whom a determination under Section

555.003 has been completed and who is not classified as a

high-risk alleged offender resident, may request a transfer to

another center in accordance with Subchapter B, Chapter 594.

(d) The department shall ensure that the forensic state

supported living center:

(1) complies with the requirements for ICF-MR certification

under the Medicaid program, as appropriate; and

(2) has additional center employees, including direct care

employees, to protect the safety of center employees, residents,

and the community.

(e) The department shall collect data regarding the commitment

of alleged offender residents to state supported living centers,

including any offense with which an alleged offender resident is

charged, the location of the committing court, whether the

alleged offender resident has previously been in the custody of

the Texas Youth Commission or the Department of Family and

Protective Services, and whether the alleged offender resident

receives mental health services or previously received any

services under a Section 1915(c) waiver program. The department

shall annually submit to the governor, the lieutenant governor,

the speaker of the house of representatives, and the standing

committees of the legislature with primary subject matter

jurisdiction over state supported living centers a report of the

information collected under this section. The report may not

contain personally identifiable information for any person in the

report.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.003. DETERMINATION OF HIGH-RISK ALLEGED OFFENDER

STATUS. (a) Not later than the 30th day after the date an

alleged offender resident is first committed to a state supported

living center and, if the resident is classified as a high-risk

alleged offender resident, annually on the anniversary of that

date, an interdisciplinary team shall determine whether the

alleged offender resident is at risk of inflicting substantial

physical harm to another and should be classified or remain

classified as a high-risk alleged offender resident.

(b) In making a determination under Subsection (a), the

interdisciplinary team shall document and collect evidence

regarding the reason the alleged offender resident is determined

to be at risk of inflicting substantial physical harm to another.

(c) The interdisciplinary team shall provide the team's findings

regarding whether the alleged offender resident is at risk of

inflicting substantial physical harm to another and the

documentation and evidence collected under this section to:

(1) the department;

(2) the director of the state supported living center;

(3) the independent ombudsman;

(4) the alleged offender resident or the alleged offender

resident's parent if the resident is a minor; and

(5) the alleged offender resident's legally authorized

representative.

(d) An alleged offender resident who is determined to be at risk

of inflicting substantial physical harm to another and is

classified as a high-risk alleged offender resident is entitled

to an administrative hearing with the department to contest that

determination and classification.

(e) An individual who has exhausted the administrative remedies

provided by Subsection (d) may bring a suit to appeal the

determination and classification in district court in Travis

County. The suit must be filed not later than the 30th day after

the date the final order in the administrative hearing is

provided to the individual. An appeal under this section is by

trial de novo.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 555.021. REQUIRED CRIMINAL HISTORY CHECKS FOR EMPLOYEES AND

VOLUNTEERS OF CENTERS. (a) The department and the Department of

State Health Services shall perform a state and federal criminal

history background check on a person:

(1) who is:

(A) an applicant for employment with the agency;

(B) an employee of the agency;

(C) a volunteer with the agency; or

(D) an applicant for a volunteer position with the agency; and

(2) who would be placed in direct contact with a resident or

client.

(b) The department and the Department of State Health Services

shall require a person described by Subsection (a) to submit

fingerprints in a form and of a quality acceptable to the

Department of Public Safety and the Federal Bureau of

Investigation for use in conducting a criminal history background

check.

(c) Each agency shall obtain electronic updates from the

Department of Public Safety of arrests and convictions of a

person:

(1) for whom the agency performs a background check under

Subsection (a); and

(2) who remains an employee or volunteer of the agency and

continues to have direct contact with a resident or client.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.022. DRUG TESTING; POLICY. (a) The executive

commissioner shall adopt a policy regarding random testing and

reasonable suspicion testing for the illegal use of drugs by a

center employee.

(b) The policy adopted under Subsection (a) must provide that a

center employee may be terminated solely on the basis of a single

positive test for illegal use of a controlled substance. The

policy must establish an appeals process for a center employee

who tests positively for illegal use of a controlled substance.

(c) The director of a state supported living center or the

superintendent of the Rio Grande State Center shall enforce the

policy adopted under Subsection (a) by performing necessary drug

testing of the center employees for the use of a controlled

substance as defined by Section 481.002.

(d) Testing under this section may be performed on a random

basis or on reasonable suspicion of the use of a controlled

substance.

(e) For purposes of this section, a report made under Section

555.023 is considered reasonable suspicion of the use of a

controlled substance.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.023. REPORTS OF ILLEGAL DRUG USE; POLICY. The

executive commissioner shall adopt a policy requiring a center

employee who knows or reasonably suspects that another center

employee is illegally using or under the influence of a

controlled substance, as defined by Section 481.002, to report

that knowledge or reasonable suspicion to the director of the

state supported living center or the superintendent of the Rio

Grande State Center, as appropriate.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.024. CENTER EMPLOYEE TRAINING. (a) Before a center

employee begins to perform the employee's duties without direct

supervision, the department shall provide the employee with

competency training and a course of instruction about the general

duties of a center employee. The department shall ensure the

basic center employee competency course focuses on:

(1) the uniqueness of the individuals the center employee

serves;

(2) techniques for improving quality of life for and promoting

the health and safety of individuals with mental retardation; and

(3) the conduct expected of center employees.

(b) The department shall ensure the training required by

Subsection (a) provides instruction and information regarding the

following topics:

(1) the general operation and layout of the center at which the

person is employed, including armed intruder lockdown procedures;

(2) an introduction to mental retardation;

(3) an introduction to autism;

(4) an introduction to mental illness and dual diagnosis;

(5) the rights of individuals with mental retardation who

receive services from the department;

(6) respecting personal choices made by residents and clients;

(7) the safe and proper use of restraints;

(8) recognizing and reporting:

(A) evidence of abuse, neglect, and exploitation of individuals

with mental retardation;

(B) unusual incidents;

(C) reasonable suspicion of illegal drug use in the workplace;

(D) workplace violence; or

(E) sexual harassment in the workplace;

(9) preventing and treating infection;

(10) first aid;

(11) cardiopulmonary resuscitation;

(12) the Health Insurance Portability and Accountability Act of

1996 (Pub. L. No. 104-191); and

(13) the rights of center employees.

(c) In addition to the training required by Subsection (a) and

before a direct care employee begins to perform the direct care

employee's duties without direct supervision, the department

shall provide a direct care employee with training and

instructional information regarding implementation of the

interdisciplinary treatment program for each resident or client

for whom the direct care employee will provide direct care,

including the following topics:

(1) prevention and management of aggressive or violent behavior;

(2) observing and reporting changes in behavior, appearance, or

health of residents and clients;

(3) positive behavior support;

(4) emergency response;

(5) person-directed plans;

(6) self-determination;

(7) seizure safety;

(8) techniques for:

(A) lifting;

(B) positioning; and

(C) movement and mobility;

(9) working with aging residents and clients;

(10) assisting residents and clients:

(A) who have a visual impairment;

(B) who have a hearing deficit; or

(C) who require the use of adaptive devices and specialized

equipment;

(11) communicating with residents and clients who use

augmentative and alternative devices for communication;

(12) assisting residents and clients with personal hygiene;

(13) recognizing appropriate food textures;

(14) using proper feeding techniques to assist residents and

clients with meals;

(15) physical and nutritional management plans; and

(16) home and community-based services, including the principles

of community inclusion and participation and the community living

options information process.

(d) The executive commissioner shall adopt rules that require a

center to provide refresher training courses to direct care

employees on a regular basis.

(e) A center may allow an employee of an intermediate care

facility for persons with mental retardation licensed by the

department, an employee of a person licensed or certified to

provide Section 1915(c) waiver program services, or another

employee or professional involved in the provision of services to

persons with mental retardation to receive information and

training under this section, as appropriate. The center may

charge an administrative fee in an amount not to exceed the cost

of providing the information or training.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.025. VIDEO SURVEILLANCE. (a) In this section,

"private space" means a place in a center in which a resident or

client has a reasonable expectation of privacy, including:

(1) a bedroom;

(2) a bathroom;

(3) a place in which a resident or client receives medical or

nursing services;

(4) a place in which a resident or client meets privately with

visitors; or

(5) a place in which a resident or client privately makes phone

calls.

(b) The department shall install and operate video surveillance

equipment in a center for the purpose of detecting and preventing

the exploitation or abuse of residents and clients.

(c) The department may not install or operate video surveillance

equipment in a private space or in a location in which video

surveillance equipment can capture images within a private space.

(d) The department shall ensure that the use of video

surveillance equipment under this section complies with federal

requirements for ICF-MR certification.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

SUBCHAPTER C. OFFICE OF INDEPENDENT OMBUDSMAN FOR STATE SUPPORTED

LIVING CENTERS

Sec. 555.051. ESTABLISHMENT; PURPOSE. The office of independent

ombudsman is established for the purpose of investigating,

evaluating, and securing the rights of residents and clients of

state supported living centers and the ICF-MR component of the

Rio Grande State Center. The office is administratively attached

to the department. The department shall provide administrative

support and resources to the office as necessary for the office

to perform its duties.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.052. INDEPENDENCE. The independent ombudsman in the

performance of the ombudsman's duties and powers under this

subchapter acts independently of the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.053. APPOINTMENT OF INDEPENDENT OMBUDSMAN. (a) The

governor shall appoint the independent ombudsman.

(b) The governor may appoint as independent ombudsman only an

individual with at least five years of experience managing and

ensuring the quality of care and services provided to individuals

with mental retardation.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.054. ASSISTANT OMBUDSMEN. (a) The independent

ombudsman shall:

(1) hire assistant ombudsmen to perform, under the direction of

the independent ombudsman, the same duties and exercise the same

powers as the independent ombudsman; and

(2) station an assistant ombudsman at each center.

(b) The independent ombudsman may hire as assistant ombudsmen

only individuals with at least five years of experience ensuring

the quality of care and services provided to individuals with

mental retardation.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.055. CONFLICT OF INTEREST. A person may not serve as

independent ombudsman or as an assistant ombudsman if the person

or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization receiving funds from the

department;

(2) owns or controls, directly or indirectly, any interest in a

business entity or other organization receiving funds from the

department; or

(3) is required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities or

compensation on behalf of a profession related to the operation

of the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.056. REPORT. (a) The independent ombudsman shall

submit on a biannual basis to the governor, the lieutenant

governor, the speaker of the house of representatives, and the

chairs of the standing committees of the senate and the house of

representatives with primary jurisdiction over state supported

living centers a report that is both aggregated and disaggregated

by individual center and describes:

(1) the work of the independent ombudsman;

(2) the results of any review or investigation undertaken by the

independent ombudsman, including a review or investigation of

services contracted by the department;

(3) any recommendations that the independent ombudsman has in

relation to the duties of the independent ombudsman; and

(4) any recommendations that the independent ombudsman has for

systemic improvements needed to decrease incidents of abuse,

neglect, or exploitation at an individual center or at all

centers.

(b) The independent ombudsman shall ensure that information

submitted in a report under Subsection (a) does not permit the

identification of an individual.

(c) The independent ombudsman shall immediately report to the

governor, the lieutenant governor, the speaker of the house of

representatives, and the chairs of the standing committees of the

senate and the house of representatives having primary

jurisdiction over the Department of Aging and Disability Services

any particularly serious or flagrant:

(1) case of abuse or injury of a resident or client about which

the independent ombudsman is made aware;

(2) problem concerning the administration of a center program or

operation; or

(3) interference by a center, the department, or the commission,

other than actions by the commission's office of inspector

general in accordance with the office's duties, with an

investigation conducted by the independent ombudsman.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.057. COMMUNICATION AND CONFIDENTIALITY. (a) The

department shall allow any resident or client, authorized

representative of a resident or client, family member of a

resident or client, or other interested party to communicate with

the independent ombudsman or an assistant ombudsman. The

communication:

(1) may be in person, by mail, or by any other means; and

(2) is confidential and privileged.

(b) The records of the independent ombudsman are confidential,

except that the independent ombudsman shall:

(1) share with the Department of Family and Protective Services

a communication that may involve the abuse, neglect, or

exploitation of a resident or client;

(2) share with the inspector general a communication that may

involve an alleged criminal offense;

(3) share with the regulatory services division of the

department a communication that may involve a violation of an

ICF-MR standard or condition of participation; and

(4) disclose the ombudsman's nonprivileged records if required

by a court order on a showing of good cause.

(c) The independent ombudsman may make reports relating to an

investigation by the independent ombudsman public after the

investigation is complete but only if the name and any other

personally identifiable information of a resident or client,

legally authorized representative of a resident or client, family

member of a resident or client, center, center employee, or other

individual are redacted from the report and remain confidential.

The independent ombudsman may provide an unredacted report to the

center involved in the investigation, the department, the

Department of Family and Protective Services, and the inspector

general.

(d) The name, address, or other personally identifiable

information of a person who files a complaint with the office of

independent ombudsman, information generated by the office of

independent ombudsman in the course of an investigation, and

confidential records obtained by the office of independent

ombudsman are confidential and not subject to disclosure under

Chapter 552, Government Code, except as provided by this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.058. PROMOTION OF AWARENESS OF OFFICE. The independent

ombudsman shall promote awareness among the public, residents,

clients, and center employees of:

(1) how the office may be contacted;

(2) the purpose of the office; and

(3) the services the office provides.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.059. DUTIES AND POWERS. (a) The independent ombudsman

shall:

(1) evaluate the process by which a center investigates,

reviews, and reports an injury to a resident or client or an

unusual incident;

(2) evaluate the delivery of services to residents and clients

to ensure that the rights of residents and clients are fully

observed, including ensuring that each center conducts sufficient

unannounced patrols;

(3) immediately refer a complaint alleging the abuse, neglect,

or exploitation of a resident or client to the Department of

Family and Protective Services;

(4) refer a complaint alleging employee misconduct that does not

involve abuse, neglect, or exploitation or a possible violation

of an ICF-MR standard or condition of participation to the

regulatory services division of the department;

(5) refer a complaint alleging a criminal offense, other than an

allegation of abuse, neglect, or exploitation of a resident or

client, to the inspector general;

(6) conduct investigations of complaints, other than complaints

alleging criminal offenses or the abuse, neglect, or exploitation

of a resident or client, if the office determines that:

(A) a resident or client or the resident's or client's family

may be in need of assistance from the office; or

(B) a complaint raises the possibility of a systemic issue in

the center's provision of services;

(7) conduct biennial on-site audits at each center of:

(A) the ratio of direct care employees to residents;

(B) the provision and adequacy of training to:

(i) center employees; and

(ii) direct care employees; and

(C) if the center serves alleged offender residents, the

provision of specialized training to direct care employees;

(8) conduct an annual audit of each center's policies,

practices, and procedures to ensure that each resident and client

is encouraged to exercise the resident's or client's rights,

including:

(A) the right to file a complaint; and

(B) the right to due process;

(9) prepare and deliver an annual report regarding the findings

of each audit to the:

(A) executive commissioner;

(B) commissioner;

(C) Aging and Disability Services Council;

(D) governor;

(E) lieutenant governor;

(F) speaker of the house of representatives;

(G) standing committees of the senate and house of

representatives with primary jurisdiction over state supported

living centers; and

(H) state auditor;

(10) require a center to provide access to all records, data,

and other information under the control of the center that the

independent ombudsman determines is necessary to investigate a

complaint or to conduct an audit under this section;

(11) review all final reports produced by the Department of

Family and Protective Services, the regulatory services division

of the department, and the inspector general regarding a

complaint referred by the independent ombudsman;

(12) provide assistance to a resident, client, authorized

representative of a resident or client, or family member of a

resident or client who the independent ombudsman determines is in

need of assistance, including advocating with an agency,

provider, or other person in the best interests of the resident

or client;

(13) make appropriate referrals under any of the duties and

powers listed in this subsection; and

(14) monitor and evaluate the department's actions relating to

any problem identified or recommendation included in a report

received from the Department of Family and Protective Services

relating to an investigation of alleged abuse, neglect, or

exploitation of a resident or client.

(b) The independent ombudsman may apprise a person who is

interested in a resident's or client's welfare of the rights of

the resident or client.

(c) To assess whether a resident's or client's rights have been

violated, the independent ombudsman may, in any matter that does

not involve an alleged criminal offense or the abuse, neglect, or

exploitation of a resident or client, contact or consult with an

administrator, employee, resident, client, family member of a

resident or client, expert, or other individual in the course of

the investigation or to secure information.

(d) Notwithstanding any other provision of this chapter, the

independent ombudsman may not investigate an alleged criminal

offense or the alleged abuse, neglect, or exploitation of a

resident or client.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.060. RETALIATION PROHIBITED. The department or a

center may not retaliate against a department employee, center

employee, or any other person who in good faith makes a complaint

to the office of independent ombudsman or cooperates with the

office in an investigation.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.061. TOLL-FREE NUMBER. (a) The office shall establish

a permanent, toll-free number for the purpose of receiving any

information concerning the violation of a right of a resident or

client.

(b) The office shall ensure that:

(1) the toll-free number is prominently displayed in the main

administration area and other appropriate common areas of a

center; and

(2) a resident, a client, the legally authorized representative

of a resident or client, and a center employee have confidential

access to a telephone for the purpose of calling the toll-free

number.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

SUBCHAPTER D. INSPECTOR GENERAL DUTIES

Sec. 555.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH CERTAIN

INVESTIGATIONS. The inspector general shall employ and

commission peace officers for the purpose of assisting a state or

local law enforcement agency in the investigation of an alleged

criminal offense involving a resident or client of a center. A

peace officer employed and commissioned by the inspector general

is a peace officer for purposes of Article 2.12, Code of Criminal

Procedure.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.102. SUMMARY REPORT. (a) The inspector general shall

prepare a summary report for each investigation conducted with

the assistance of the inspector general under this subchapter.

The inspector general shall ensure that the report does not

contain personally identifiable information of an individual

mentioned in the report.

(b) The summary report must include:

(1) a summary of the activities performed during an

investigation for which the inspector general provided

assistance;

(2) a statement regarding whether the investigation resulted in

a finding that an alleged criminal offense was committed; and

(3) a description of the alleged criminal offense that was

committed.

(c) The inspector general shall deliver the summary report to

the:

(1) executive commissioner;

(2) commissioner of the department;

(3) commissioner of the Department of Family and Protective

Services;

(4) Aging and Disability Services Council;

(5) governor;

(6) lieutenant governor;

(7) speaker of the house of representatives;

(8) standing committees of the senate and house of

representatives with primary jurisdiction over centers;

(9) state auditor;

(10) the independent ombudsman and the assistant ombudsman for

the center involved in the report; and

(11) the alleged victim or the alleged victim's legally

authorized representative.

(d) A summary report regarding an investigation is subject to

required disclosure under Chapter 552, Government Code. All

information and materials compiled by the inspector general in

connection with an investigation are confidential, and not

subject to disclosure under Chapter 552, Government Code, and not

subject to disclosure, discovery, subpoena, or other means of

legal compulsion for their release to anyone other than the

inspector general or the inspector general's employees or agents

involved in the investigation, except that this information may

be disclosed to the Department of Family and Protective Services,

the office of the attorney general, the state auditor's office,

and law enforcement agencies.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.103. ANNUAL STATUS REPORT. (a) The inspector general

shall prepare an annual status report of the inspector general's

activities under this subchapter. The annual report may not

contain personally identifiable information of an individual

mentioned in the report.

(b) The annual status report must include information that is

aggregated and disaggregated by individual center regarding:

(1) the number and type of investigations conducted with the

assistance of the inspector general;

(2) the number and type of investigations involving a center

employee;

(3) the relationship of an alleged victim to an alleged

perpetrator, if any;

(4) the number of investigations conducted that involve the

suicide, death, or hospitalization of an alleged victim; and

(5) the number of completed investigations in which commission

of an alleged offense was confirmed or unsubstantiated or in

which the investigation was inconclusive, and a description of

the reason that allegations were unsubstantiated or the

investigation was inconclusive.

(c) The inspector general shall submit the annual status report

to the:

(1) executive commissioner;

(2) commissioner of the department;

(3) commissioner of the Department of Family and Protective

Services;

(4) Aging and Disability Services Council;

(5) Family and Protective Services Council;

(6) governor;

(7) lieutenant governor;

(8) speaker of the house of representatives;

(9) standing committees of the senate and house of

representatives with primary jurisdiction over centers;

(10) state auditor; and

(11) comptroller.

(d) An annual status report submitted under this section is

public information under Chapter 552, Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.

Sec. 555.104. RETALIATION PROHIBITED. The department or a

center may not retaliate against a department employee, a center

employee, or any other person who in good faith cooperates with

the inspector general under this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

284, Sec. 22, eff. June 11, 2009.