S.B. No. 1849
 
 
 
 
AN ACT
  relating to an interagency reportable conduct search engine,
  standards for a person's removal from the employee misconduct
  registry and eligibility for certification as certain Texas
  Juvenile Justice Department officers and employees, and the use of
  certain information by certain state agencies to conduct background
  checks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 22.094(a), (b), and (e), Education
  Code, are amended to read as follows:
         (a)  A person described by Section 22.093(b) and who is the
  subject of a report that alleges misconduct described by Section
  22.093(c)(1)(A) or (B) or who is identified as having engaged in
  that misconduct using the interagency reportable conduct search
  engine established under Chapter 810, Health and Safety Code, is
  entitled to a hearing on the merits of the allegations of misconduct
  under the procedures provided by Chapter 2001, Government Code, to
  contest the allegation in the report or search engine.
         (b)  On receiving a report filed under Section 22.093(f) or
  making an identification described by Subsection (a), the
  commissioner shall promptly send to the person who is the subject of
  the report or identification a notice that includes:
               (1)  a statement informing the person that the person
  must request a hearing on the merits of the allegations of
  misconduct within the period provided by Subsection (c);
               (2)  a request that the person submit a written
  response within the period provided by Subsection (c) to show cause
  why the commissioner should not pursue an investigation; and
               (3)  a statement informing the person that if the
  person does not timely submit a written response to show cause as
  provided by Subdivision (2), the agency shall provide information
  indicating the person is under investigation in the manner provided
  by Subsection (d).
         (e)  If a person entitled to a hearing under Subsection (a)
  does not request a hearing as provided by Subsection (c), the
  commissioner shall:
               (1)  based on the report filed under Section 22.093(f)
  or the identification described by Subsection (a), make a
  determination whether the person engaged in misconduct; and
               (2)  if the commissioner determines that the person
  engaged in misconduct described by Section 22.093(c)(1)(A) or (B),
  instruct the agency to add the person's name to the registry
  maintained under Section 22.092.
         SECTION 2.  Section 253.010, Health and Safety Code, is
  amended to read as follows:
         Sec. 253.010.  REMOVAL FROM REGISTRY. (a) The Health and
  Human Services Commission [department] may remove a person from the
  employee misconduct registry if, after receiving a written request
  from the person, the commission [department] determines that the
  person does not meet the requirements for inclusion in the employee
  misconduct registry.
         (b)  The executive commissioner by rule may establish:
               (1)  criteria for a person to submit a request for
  removal under Subsection (a); and
               (2)  a process for the Health and Human Services
  Commission to determine whether the person meets the requirements
  for inclusion in the employee misconduct registry.
         SECTION 3.  Title 9, Health and Safety Code, is amended by
  adding Subtitle D to read as follows:
  SUBTITLE D. INTERAGENCY SAFETY INITIATIVES
  CHAPTER 810. INTERAGENCY REPORTABLE CONDUCT SEARCH ENGINE
         Sec. 810.001.  DEFINITIONS. In this chapter:
               (1)  "Client" means a child, an individual with a
  disability, or an elderly individual receiving services or care
  from a participating state agency, a designated user, or a facility
  or entity that is licensed, certified, or otherwise regulated by a
  participating state agency.
               (2)  "Department" means the Department of Information
  Resources.
               (3)  "Designated user" means a person designated by the
  department or a participating state agency under Section 810.004 to
  use the search engine.
               (4)  "License" has the meaning assigned by Section
  2001.003, Government Code.
               (5)  "Participating state agency" means a state agency
  listed in Section 810.002.
               (6)  "Reportable conduct" means a participating state
  agency's determination:
                     (A)  that an individual engaged in abuse, neglect,
  exploitation, or misconduct; and
                     (B)  for which the agency has:
                           (i)  provided any required notice or
  opportunity to contest the determination; and
                           (ii)  issued a final determination.
               (7)  "Search engine" means the interagency reportable
  conduct search engine established under this chapter.
         Sec. 810.002.  APPLICABILITY. This chapter applies to the
  following state agencies:
               (1)  the Department of Family and Protective Services;
               (2)  the Health and Human Services Commission;
               (3)  the Texas Education Agency; and
               (4)  the Texas Juvenile Justice Department.
         Sec. 810.003.  ESTABLISHMENT OF INTERAGENCY REPORTABLE
  CONDUCT SEARCH ENGINE. (a) The department, in collaboration with
  each participating state agency, shall establish an interagency
  reportable conduct search engine for persons to search information
  on reportable conduct in accordance with this chapter and rules
  adopted under this chapter maintained by:
               (1)  the Department of Family and Protective Services
  in the central registry established under Section 261.002, Family
  Code;
               (2)  the Health and Human Services Commission in the
  employee misconduct registry established under Chapter 253;
               (3)  the Texas Education Agency in the registry
  established under Section 22.092, Education Code; and
               (4)  the Texas Juvenile Justice Department in the
  integrated certification information system and in any informal
  list the Texas Juvenile Justice Department maintains.
         (b)  The department shall ensure the search engine results
  are machine-readable and accessible to each participating state
  agency and designated users in accordance with this chapter for the
  purpose of identifying individuals who may be ineligible for
  employment, a contract, certification, or licensure based on
  reportable conduct.
         Sec. 810.004.  ELIGIBILITY TO ACCESS SEARCH ENGINE; USER
  CREDENTIALS. (a) The executive head of each participating state
  agency shall designate agency employees or contractors who are
  eligible to access the search engine and the agency's automation
  systems to determine whether an individual has engaged in
  reportable conduct.
         (b)  In addition to the eligible individuals described by
  Subsection (a), each participating state agency shall designate
  additional users who are eligible to access the search engine and
  may require those users to determine whether an individual has
  engaged in reportable conduct. The additional designated users may
  include controlling persons, hiring managers, or administrators
  of:
               (1)  licensed or certified long-term care providers,
  including:
                     (A)  home and community support services agencies
  licensed under Chapter 142;
                     (B)  nursing facilities licensed under Chapter
  242;
                     (C)  assisted living facilities licensed under
  Chapter 247;
                     (D)  prescribed pediatric extended care centers
  licensed under Chapter 248A;
                     (E)  intermediate care facilities for individuals
  with an intellectual disability licensed under Chapter 252;
                     (F)  state supported living centers, as defined by
  Section 531.002; and
                     (G)  day activity and health services facilities
  licensed under Chapter 103, Human Resources Code;
               (2)  providers under a Section 1915(c) waiver program,
  as defined by Section 531.001, Government Code;
               (3)  juvenile probation departments and registered
  juvenile justice facilities;
               (4)  independent school districts, districts of
  innovation, open-enrollment charter schools, other charter
  entities, as defined by Section 21.006, Education Code, regional
  education service centers, education shared services arrangements,
  or any other educational entity or provider that is authorized to
  access the registry established under Section 22.092, Education
  Code;
                 (5)  private schools that:
                       (A)  offer a course of instruction for students
  in this state in one or more grades from prekindergarten through
  grade 12; and
                       (B)  are:
                             (i)  accredited by an organization
  recognized by the Texas Education Agency or the Texas Private
  School Accreditation Commission;
                             (ii)  listed in the database of the
  National Center for Education Statistics of the United States
  Department of Education; or
                             (iii)  otherwise authorized by Texas
  Education Agency rule to access the search engine; and
               (6)  nonprofit teacher organizations approved by the
  commissioner of education for the purpose of participating in the
  tutoring program established under Section 33.913, Education Code.
         (c)  The department and each participating state agency
  shall develop a process to issue user credentials to each
  designated user that authorizes the user to access the search
  engine. The process must require the revocation of user
  credentials for a person who is no longer eligible to access the
  search engine.
         Sec. 810.005.  INFORMATION ACCESSIBLE THROUGH SEARCH
  ENGINE; ADDITIONAL INFORMATION SHARING. (a) For each individual
  identified by a participating state agency as having engaged in
  reportable conduct, the search engine results for that individual
  must include:
               (1)  the individual's full name;
               (2)  at least one of the following:
                     (A)  the individual's date of birth; or
                     (B)  the last four digits of the individual's
  social security number;
               (3)  at least one of the following:
                     (A)  information relevant to determining whether
  the individual is eligible for employment, a contract,
  certification, or licensure; or
                     (B)  the type or a description of the reportable
  conduct;
               (4)  any available date on which:
                     (A)  the reportable conduct occurred; or
                     (B)  a final determination was issued on the
  reportable conduct; and
               (5)  the participating state agency that maintains the
  reportable conduct information.
         (b)  An individual who engaged in reportable conduct that
  requires the individual's inclusion in search engine results is not
  entitled to notice or an opportunity for a hearing before the
  individual's information is included in the search engine results
  or shared with the department, a participating state agency, or a
  designated user in accordance with this chapter and rules adopted
  under this chapter.
         (c)  A participating state agency may share with other
  participating agencies additional information on an individual
  included in search engine results to supplement the information
  contained in those results for purposes authorized under this
  chapter.
         Sec. 810.006.  REQUIRED SEARCH QUERY AND USE OF SEARCH
  ENGINE RESULTS. (a) Each participating state agency and
  designated user shall conduct a search query using the search
  engine to determine whether an individual who may have access to a
  client has engaged in reportable conduct and, if the individual has
  engaged in reportable conduct, whether the individual is ineligible
  for:
               (1)  employment, a volunteer position, or a contract
  with the agency, the user, or a facility or entity licensed,
  certified, or otherwise regulated by the agency; or
               (2)  licensure or certification by the agency in a
  profession or for the operation of a facility or entity that the
  agency regulates.
         (b)  A participating state agency's or designated user's
  determination under Subsection (a) that an individual is ineligible
  for employment, a volunteer position, a contract, a license, or a
  certification must be based on standards authorized or required by
  law, including agency rules.
         (c)  A participating state agency or designated user must
  conduct a search query required under Subsection (a) before the
  agency or user employs, places in a volunteer position, enters into
  a contract with, or issues a license or certification to an
  individual. Each participating state agency by rule shall
  establish procedures for conducting periodic search queries using
  the search engine to monitor whether an individual the agency or a
  designated user employs, places in a volunteer position, contracts
  with, or issues a license or certification to engages in reportable
  conduct.
         (d)  Each participating state agency, including the Texas
  Education Agency in collaboration with the State Board for Educator
  Certification, by rule may:
               (1)  authorize an individual who is determined to have
  engaged in reportable conduct to be employed or placed in a
  volunteer position by, enter into a contract with, or receive a
  license or certification from the agency or a designated user in
  accordance with standards prescribed by agency rules and as
  otherwise permitted by law; and
               (2)  prescribe the manner in which information
  contained in search engine results may be used based on:
                     (A)  the nature of the reportable conduct;
                     (B)  the date the reportable conduct occurred;
                     (C)  the severity of the reportable conduct; and
                     (D)  any other factors the agency determines
  necessary.
         (e)  Notwithstanding any provision of this chapter, a
  private school is not required to conduct search queries using the
  search engine for the purposes described by this chapter.
         Sec. 810.007.  NOTICE AND HEARING. (a) A participating
  state agency or designated user that does not enter into a contract
  with or issue a license or certification to an individual based on a
  determination of the individual's ineligibility under Section
  810.006 shall notify the individual of that determination.
         (b)  Each participating state agency may provide an
  individual to whom notice is provided under this section an
  opportunity for a hearing regarding the determination of the
  individual's ineligibility under Section 810.006 on the
  individual's written request. The hearing must be conducted in
  accordance with Chapter 2001, Government Code.
         (c)  Notwithstanding any other law, in a hearing conducted
  under this section a participating state agency:
               (1)  is not required to prove that an individual
  engaged in reportable conduct; and
               (2)  must prove by a preponderance of the evidence that
  an individual is ineligible under Section 810.006.
         Sec. 810.008.  OFFICE OF INTERAGENCY COORDINATION ON
  REPORTABLE CONDUCT. (a) The Office of Interagency Coordination on
  Reportable Conduct is established within the Department of Family
  and Protective Services to facilitate:
               (1)  coordination among the department and each
  participating state agency in administering this chapter; and
               (2)  communication between the department, each
  participating state agency, designated users, interested persons,
  and the public regarding any relevant search engine information.
         (b)  The Department of Family and Protective Services, in
  collaboration with the department and each other participating
  state agency, shall adopt rules on the establishment and operation
  of the Office of Interagency Coordination on Reportable Conduct.
         Sec. 810.009.  MEMORANDUM OF UNDERSTANDING. The department
  and each participating state agency shall enter into a memorandum
  of understanding on the implementation and administration of this
  chapter. The memorandum must specify each agency's roles and
  duties with respect to establishing and maintaining the search
  engine.
         Sec. 810.010.  CONFIDENTIALITY. Information contained in
  search engine results and additional information shared by a
  participating state agency under Section 810.005(c), including
  documents, is confidential and not subject to disclosure under
  Chapter 552, Government Code.
         SECTION 4.  Section 42.056(b), Human Resources Code, is
  amended to read as follows:
         (b)  The department shall conduct background checks using:
               (1)  the information provided under Subsection (a);
               (2)  the information made available by the Department
  of Public Safety under Section 411.114, Government Code, or by the
  Federal Bureau of Investigation or other criminal justice agency
  under Section 411.087, Government Code;
               (3)  the department's records of reported abuse and
  neglect; [and]
               (4)  any other registry, repository, or database
  required by federal law;
               (5)  any information provided by the Texas Juvenile
  Justice Department under a memorandum of understanding; and
               (6)  the interagency reportable conduct search engine
  established under Chapter 810, Health and Safety Code.
         SECTION 5.  Section 42.159(c), Human Resources Code, is
  amended to read as follows:
         (c)  The department shall conduct background and criminal
  history checks using:
               (1)  the information provided under Subsection (a) or
  (b), as applicable;
               (2)  the information made available by the Department
  of Public Safety under Section 411.114, Government Code, or by the
  Federal Bureau of Investigation or other criminal justice agency
  under Section 411.087, Government Code; [and]
               (3)  the department's records of reported abuse and
  neglect;
               (4)  any information provided by the Texas Juvenile
  Justice Department under a memorandum of understanding; and
               (5)  the interagency reportable conduct search engine
  established under Chapter 810, Health and Safety Code.
         SECTION 6.  Section 42.206(c), Human Resources Code, is
  amended to read as follows:
         (c)  The department shall conduct background and criminal
  history checks using:
               (1)  the information provided under Subsection (a) or
  (b), as applicable;
               (2)  the information made available by the Department
  of Public Safety under Section 411.114, Government Code, or by the
  Federal Bureau of Investigation or another criminal justice agency
  under Section 411.087, Government Code; [and]
               (3)  the department's records of reported abuse and
  neglect;
               (4)  any information provided by the Texas Juvenile
  Justice Department under a memorandum of understanding; and
               (5)  the interagency reportable conduct search engine
  established under Chapter 810, Health and Safety Code.
         SECTION 7.  The heading to Section 222.053, Human Resources
  Code, is amended to read as follows:
         Sec. 222.053.  REVOCATION OR SUSPENSION OF CERTIFICATION OR
  PROVISIONAL CERTIFICATION.
         SECTION 8.  Section 222.053, Human Resources Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  In this section, "certification" includes a provisional
  certification.
         SECTION 9.  Subchapter B, Chapter 222, Human Resources Code,
  is amended by adding Section 222.054 to read as follows:
         Sec. 222.054.  CERTIFICATION OR PROVISIONAL CERTIFICATION
  INELIGIBILITY. (a) In this section, "certification" includes a
  provisional certification.
         (b)  The department may designate as permanently ineligible
  for certification under this chapter an individual who has been
  terminated from employment with the department for engaging in
  conduct that demonstrates the individual is not suitable for
  certification under this chapter.
         (c)  The executive director may convene, in person or
  telephonically, a panel of three board members to determine if a
  former department employee's continued eligibility to obtain a
  certification under this chapter threatens juveniles in the
  juvenile justice system. If the panel determines an individual's
  eligibility for certification threatens juveniles in the juvenile
  justice system, the department shall temporarily designate the
  individual as ineligible for certification until an administrative
  hearing is held under Subsection (d).  The hearing must be held as
  soon as possible following the temporary designation. The
  executive director may convene a panel under this subsection only
  if the danger posed by the person's continued eligibility for
  certification is imminent. The panel may hold a telephonic meeting
  only if immediate action is required and convening the panel at one
  location is inconvenient for any member of the panel.
         (d)  A person is entitled to a hearing before the State
  Office of Administrative Hearings if the department proposes to
  designate a person as permanently ineligible for certification.
         (e)  A person may appeal a ruling or order issued under this
  section to a district court in the county in which the person
  resides or in Travis County. The standard of review is under the
  substantial evidence rule.
         SECTION 10.  (a) In this section, "search engine" means the
  interagency reportable conduct search engine established under
  Chapter 810, Health and Safety Code, as added by this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the Department of Information Resources shall collaborate with
  the Department of Family and Protective Services, the Health and
  Human Services Commission, the Texas Education Agency, and the
  Texas Juvenile Justice Department to establish the search engine as
  required by Chapter 810, Health and Safety Code, as added by this
  Act.
         (c)  The establishment of the search engine may take place in
  phases in accordance with an implementation plan developed by the
  state agencies listed under Subsection (b) of this section in
  collaboration with the Office of Interagency Coordination on
  Reportable Conduct established under Section 810.008, Health and
  Safety Code, as added by this Act. The implementation plan may
  include a pilot phase.
         (d)  At the conclusion of the implementation plan described
  by Subsection (c) of this section, each state agency and other
  persons authorized to use the search engine shall use the search
  engine as required by Chapter 810, Health and Safety Code, as added
  by this Act.
         SECTION 11.  As soon as practicable after the effective date
  of this Act, the commissioner of the Department of Family and
  Protective Services, the executive commissioner of the Health and
  Human Services Commission, the commissioner of education, and the
  Texas Juvenile Justice Board shall adopt rules as necessary to
  implement the changes in law made by this Act.
         SECTION 12.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1849 passed the Senate on
  April 11, 2023, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 19, 2023, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1849 passed the House, with
  amendment, on May 17, 2023, by the following vote: Yeas 143,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor