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By: Harris of Anderson, et al. |
H.B. No. 1229 |
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(Senate Sponsor - Birdwell) |
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(In the Senate - Received from the House May 4, 2023; |
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May 5, 2023, read first time and referred to Committee on Health & |
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Human Services; May 19, 2023, reported favorably by the following |
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vote: Yeas 5, Nays 3; May 19, 2023, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and confidentiality of information |
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regarding firearms and ammunition in agency foster homes; creating |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042, Human Resources Code, is amended |
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by adding Subsections (e-6), (e-7), (e-8), (e-9), and (e-10) to |
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read as follows: |
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(e-6) The commission, the department, and a child-placing |
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agency that contracts with the department may not require an agency |
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foster home to: |
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(1) disclose the specific types of firearms and |
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ammunition that are present in the home; or |
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(2) notify the child-placing agency if there is any |
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change in the types of firearms and ammunition that are present in |
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the home. |
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(e-7) If the commission, the department, or a child-placing |
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agency that contracts with the department has or obtains |
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information relating to the types of firearms and ammunition that |
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are present in an agency foster home, the commission, department, |
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or child-placing agency may not use that information for any |
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purpose other than determining whether there are firearms or |
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ammunition present in the home. |
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(e-8) A child-placing agency that violates Subsection (e-7) |
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is liable to the state for a civil penalty in an amount not to exceed |
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$5,000 for each violation. The attorney general may bring an action |
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to recover a civil penalty authorized under this subsection. |
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(e-9) Information relating to the types of firearms and |
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ammunition that are present in an agency foster home is |
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confidential and is not subject to disclosure under Chapter 552, |
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Government Code. |
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(e-10) Subsections (e-6), (e-7), and (e-9) may not be |
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construed to limit the ability of the commission or a child-placing |
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agency to determine the presence of weapons and to verify the |
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appropriate storage of weapons in accordance with the standards |
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adopted under Subsection (e-1). |
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SECTION 2. This Act takes effect September 1, 2023. |
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