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A BILL TO BE ENTITLED
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AN ACT
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relating to the categorization, collection, and publication of |
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certain demographic and other information pertaining to certain |
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public benefits programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Sections 531.0316 and 531.03161 to read as |
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follows: |
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Sec. 531.0316. COLLECTION OF DEMOGRAPHIC DATA. (a) |
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Notwithstanding any other law, if the commission or a health and |
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human services agency collects the demographic data of individuals |
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who receive benefits under a health benefits program administered |
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by the commission or agency, as applicable, the commission or |
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agency, as applicable, shall, when collecting data relating to: |
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(1) the race or ethnic origin of an individual, |
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provide the individual the option to select or identify appropriate |
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categories and subcategories of race and ethnic origin, including: |
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(A) the category of Hispanic or Latino with the |
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option to select or identify the following subcategories: |
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(i) Argentinian; |
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(ii) Colombian; |
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(iii) Cuban; |
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(iv) Dominican (Dominican Republic); |
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(v) Ecuadoran; |
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(vi) Guatemalan; |
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(vii) Honduran; |
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(viii) Mexican; |
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(ix) Nicaraguan; |
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(x) Panamanian; |
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(xi) Peruvian; |
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(xii) Puerto Rican; |
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(xiii) Salvadoran; |
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(xiv) Spaniard; |
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(xv) Venezuelan; and |
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(xvi) another subcategory written in by the |
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individual; |
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(B) the category of African American with the |
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option to select or identify the following subcategories: |
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(i) Black American (born in the United |
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States with African ancestry); |
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(ii) African diaspora (born outside the |
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United States with African origins); and |
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(iii) another subcategory written in by the |
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individual; |
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(C) the category of Native American with the |
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option to select or identify the following subcategories: |
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(i) Apache; |
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(ii) Cherokee; |
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(iii) Chickasaw; |
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(iv) Choctaw; |
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(v) Mexican American Indian; |
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(vi) Navajo; and |
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(vii) another subcategory written in by the |
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individual; |
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(D) the category of Pacific Islander with the |
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option to select or identify the following subcategories: |
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(i) Chamorro; |
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(ii) Guamanian; |
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(iii) Marshallese; |
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(iv) Native Hawaiian; |
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(v) Samoan; |
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(vi) Tongan; and |
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(vii) another subcategory written in by the |
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individual; |
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(E) the category of Asian with the option to |
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select or identify the following subcategories: |
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(i) Indian; |
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(ii) Bangladeshi; |
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(iii) Burmese; |
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(iv) Cambodian; |
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(v) Chinese (except Taiwanese); |
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(vi) Filipino; |
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(vii) Iranian; |
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(viii) Japanese; |
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(ix) Korean; |
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(x) Laotian; |
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(xi) Nepalese; |
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(xii) Pakistani; |
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(xiii) Taiwanese; |
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(xiv) Thai; |
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(xv) Vietnamese; and |
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(xvi) another subcategory written in by the |
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individual; and |
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(F) the category of Middle Eastern and North |
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African with the option to select or identify the following |
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subcategories: |
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(i) Egyptian; |
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(ii) Iraqi; |
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(iii) Jordanian; |
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(iv) Lebanese; |
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(v) Palestinian; |
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(vi) Syrian; and |
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(vii) another subcategory written in by the |
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individual; |
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(2) the sex or gender of an individual, ask the |
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following questions: |
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(A) "What is your current gender identity?" and, |
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in response to the question, provide the individual the option to |
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select or identify as: |
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(i) female; |
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(ii) intersex; |
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(iii) male; |
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(iv) nonbinary; |
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(v) transgender female; |
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(vi) transgender male; and |
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(vii) another sex or gender written in by |
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the individual; and |
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(B) "What sex were you assigned on your original |
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birth certificate or other legal document confirming birth?" and, |
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in response to the question, provide the individual the option to |
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select: |
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(i) female; |
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(ii) male; |
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(iii) "I was not assigned a sex at birth"; |
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or |
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(iv) "I was not issued a birth certificate |
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or other legal document confirming my birth"; and |
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(3) more than one demographic category, include the |
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sexual orientation of an individual as a category and provide the |
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individual with the option to select or identify as: |
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(A) asexual; |
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(B) bisexual; |
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(C) gay; |
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(D) heterosexual; |
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(E) lesbian; |
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(F) pansexual; and |
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(G) another sexual orientation written in by the |
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individual. |
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(b) The commission shall ensure that each local entity, |
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including a local governmental entity, responsible for providing |
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demographic data to the commission or a health and human services |
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agency in connection with a public benefits program administered by |
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the commission or agency, as applicable, provides the data in the |
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manner prescribed by this section. |
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(c) In collecting demographic data, the commission and each |
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health and human services agency shall provide individuals from |
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whom the data is sought the option to select more than one category |
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for race or ethnic origin and more than one subcategory for race or |
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ethnic origin. |
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(d) The provision of demographic data under this section by |
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an individual is voluntary. |
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(e) Not later than the first anniversary of the date the |
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federal decennial census is published, the commission shall update |
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the subcategories of race or ethnic origin to include only the |
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subcategories with populations larger than 7,500 as published by |
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the United States Census Bureau, except that each category must |
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include at least the six largest subcategories. |
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(f) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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Sec. 531.03161. COLLECTION AND CROSS-TABULATION ANALYSIS |
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OF CERTAIN DATA; PUBLICATION. (a) The commission and each health |
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and human services agency that administers a public benefits |
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program shall collect the following data regarding individuals who |
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receive, or were receiving at the time of the individual's death, |
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benefits under a program: |
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(1) the individual's level of English proficiency; and |
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(2) whether the individual: |
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(A) has a disability; |
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(B) has health benefits coverage; |
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(C) has been diagnosed with a chronic condition, |
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including cancer, obesity, diabetes, or asthma; |
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(D) has access to health care, including |
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preventive care services; |
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(E) has a diagnosed mental health disorder; |
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(F) is or has been pregnant; |
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(G) died as a result of a pregnancy-related |
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cause; and |
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(H) had a child who died as an infant. |
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(b) To the extent permitted by federal law and if requested |
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by the commission, a local entity, including a local governmental |
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entity, responsible for providing demographic data to the |
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commission or a health and human services agency in connection with |
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a public benefits program administered by the commission or agency, |
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as applicable, shall report to the commission the data described by |
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Subsection (a) to the extent that data is known or obtainable by the |
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entity. |
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(c) The commission shall prepare a cross-tabulation |
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analysis of the data described by Subsection (a) and the |
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demographic data collected under Section 531.0316, including data |
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related to the race or ethnic origin, sex or gender, and sexual |
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orientation of individuals. The analysis conducted under this |
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subsection must consider subcategories and suboptions. |
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(d) Subject to Subsection (f) and to the extent permitted by |
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federal law, the commission shall make available to the public on |
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its Internet website in an easy-to-read format metric data obtained |
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as the result of the cross-tabulation analysis conducted under this |
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section and organized by the demographic data collected in |
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accordance with Section 531.0316. The metric data published under |
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this section must be organized by category and then by subcategory |
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or suboption, as applicable. |
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(e) The commission shall annually update the metric data |
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published under Subsection (d). |
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(f) The storage and communication of data under this section |
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must comply with existing federal and state privacy laws governing |
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individually identifiable information. Data made available to the |
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public under this section may not identify or allow for the |
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identification of individuals. |
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(g) This section does not prevent a state agency from |
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posting demographic data collected by the agency on the agency's |
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Internet website. |
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(h) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. Not later than December 1, 2022, the Health and |
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Human Services Commission shall publish on its Internet website the |
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metric data required under Section 531.03161(d), Government Code, |
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as added by this Act. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2021. |