Enrolled Bill Summary

Senate Bill 1849	Senate Author:  Kolkhorst et al.
Effective:  9-1-23	House Sponsor:  Noble et al.

            Senate Bill 1849 amends the Health and Safety Code to require the Department of Information Resources to establish an interagency reportable conduct search engine for persons to search information on reportable conduct maintained by the Department of Family and Protective Services (DFPS), the Health and Human Services Commission (HHSC), the Texas Education Agency, and the Texas Juvenile Justice Department (TJJD) in certain registries and other resources. The bill sets out provisions relating to the search engine's content and the use of the search engine by the participating state agencies and other applicable entities to conduct background checks of individuals in education, long term care, child care, or juvenile justice settings, including employees, volunteers, contractors, and license or certification holders. The bill establishes the Office of Interagency Coordination on Reportable Conduct within DFPS to facilitate coordination and communication relating to the use of the search engine.

Senate Bill 1849 authorizes the executive commissioner of HHSC to adopt rules establishing criteria for a person to submit a request for removal from the employee misconduct registry and a process to determine whether the person meets the requirements for inclusion in the registry.

Senate Bill 1849 amends the Education Code to entitle certain persons identified through the search engine as having engaged in misconduct making them ineligible for employment in public schools to due process in the same manner as a person who is the subject of a report alleging such misconduct.

Senate Bill 1849 amends the Human Resources Code to expand the list of resources that DFPS must use to conduct background and criminal history checks in connection with entities providing child care services to include both the search engine and any information provided by TJJD under a memorandum of understanding. The bill also establishes a process through which TJJD may designate an individual who has been terminated from employment with TJJD as permanently ineligible for certification.