Bill Caption

Relating to the definition of exploitation for purposes of investigating reports of exploitation against certain elderly persons and persons with disabilities. 

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for SB 2037, As Introduced : a NEGATIVE impact of ($1,959,800) through the biennium ending August 31, 2023. 

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. 

Bill Analysis

SB 2037 would require the Health and Human Services Commission to adopt a definition of "exploitation" (in the context of exploiting an elderly person) that does not exclude from the definition "the provision of a monetary or property loan made to a provider by an individual receiving services from that provider." The purpose of this bill is to enable the prosecution of caretakers who exploit elderly people in their care by taking money or property which they later claim was a loan and which the exploited person is unable to refute due to cognitive decline. 

Vote Recommendation Notes

The purpose of SB 2037 may be noble in its attempt to prevent exploitation of the elderly, however it may also cause wrongful intervention with respect to a legitimate loan or gift given by an elderly person to a family member who acts as a caregiver. An unintentional consequence of this bill may be to take sides in family disputes to the advantage of family members who are not caregivers and to the disadvantage of family members who give care and may have legitimate claim to a loan or gift given while a person in their care retained the capacity to make that decision independently.

For these reasons, Texas Action is neutral on SB 2037.