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