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A BILL TO BE ENTITLED
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AN ACT
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relating to the sharing of client information among certain state |
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agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 10, Government Code, is |
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amended by adding Chapter 2060 to read as follows: |
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CHAPTER 2060. INTERAGENCY SHARING OF INFORMATION |
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Sec. 2060.001. DEFINITION. In this chapter, "participating |
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agency" means: |
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(1) the Health and Human Services Commission; |
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(2) the Department of State Health Services; |
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(3) the Department of Family and Protective Services; |
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(4) the Department of Aging and Disability Services; |
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(5) the Department of Assistive and Rehabilitative |
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Services; |
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(6) the Texas Department of Criminal Justice; |
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(7) the Texas Workforce Commission; |
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(8) the Texas Education Agency; |
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(9) the Texas Juvenile Probation Commission; |
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(10) the Texas Youth Commission; |
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(11) the Office of Rural Community Affairs; |
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(12) the Texas Veterans Commission; and |
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(13) the Texas Department of Housing and Community |
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Affairs. |
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Sec. 2060.002. SHARING OF INFORMATION AMONG CERTAIN |
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AGENCIES. (a) This section applies only to information held by or |
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for a participating agency that relates to an individual who |
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receives or has received social services, mental health services, |
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substance abuse services, or health services from that agency. |
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(b) The participating agencies shall coordinate the |
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agencies' information systems to allow for the sharing of |
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information to: |
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(1) facilitate the communication of the information |
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across agency lines and jurisdictional boundaries; |
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(2) identify and coordinate the provision of necessary |
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services to an individual; and |
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(3) evaluate programs to assess the overall efficiency |
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and efficacy of services delivered by the participating agencies. |
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(c) On request of the Interagency Coordinating Council for |
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Data Sharing or on its own initiative, a state agency not listed in |
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Section 2060.001 that funds, regulates, or provides a service |
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described by Subsection (a), or whose costs or outcome measures are |
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affected by the provision of any of those services, may choose to |
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coordinate its database and share information with the |
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participating agencies for the purposes authorized by this chapter. |
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(d) Confidential information shared under this section |
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remains subject to the same confidentiality requirements and legal |
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restrictions on access to the information that are imposed by law on |
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the state agency that originally obtained or collected the |
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information. |
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(e) Information may be shared under this section without the |
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consent of the person who is the subject of the information. |
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Sec. 2060.003. INTERAGENCY COORDINATING COUNCIL FOR DATA |
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SHARING. (a) The Interagency Coordinating Council for Data |
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Sharing is composed of: |
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(1) a public member with knowledge and expertise in |
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the provision or delivery of social services, mental health |
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services, substance abuse services, or health services, appointed |
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by the governor; |
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(2) the executive director of the Department of |
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Information Resources or that person's designee; |
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(3) the executive head of each of the participating |
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agencies or that person's designee; and |
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(4) the executive head of each state agency, if any, |
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that chooses to share information with the participating agencies |
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under Section 2060.002(c) or that person's designee. |
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(b) The public member of the council serves a two-year term |
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expiring February 1 of each odd-numbered year and serves as the |
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presiding officer of the council. |
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(c) The council shall meet at least quarterly at the call of |
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the presiding officer. |
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(d) Service on the council by a state officer or employee is |
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an additional duty of the member's office or employment. A member |
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of the council is not entitled to compensation for service on the |
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council but is entitled to reimbursement of travel expenses |
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incurred by the member while conducting the business of the |
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council, as provided by Chapter 660 and the General Appropriations |
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Act. |
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(e) The agencies represented on the council shall provide |
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the staff and administrative support necessary for the council to |
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perform its duties. |
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(f) The council shall adopt appropriate policies and |
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procedures designed to facilitate the interagency coordination of |
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information systems required by Section 2060.002, including the |
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creation of standards for sharing information electronically under |
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appropriate controls to ensure that confidential information |
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remains confidential. Each participating agency and each state |
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agency that chooses to share information under Section 2060.002(c) |
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shall comply with the policies and procedures adopted by the |
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council under this subsection. |
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(g) The presiding officer of the council may appoint |
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subcommittees consisting of members of the council for any purpose |
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consistent with the duties of the council under this section. |
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(h) Not later than October 1 of each even-numbered year, |
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each participating agency and each state agency that chooses to |
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share information under Section 2060.002(c) shall report to the |
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council regarding the agency's implementation of the policies and |
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procedures adopted under Subsection (f). |
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(i) A state agency shall cooperate with the council in the |
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performance of its duties. |
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Sec. 2060.004. REPORT TO LEGISLATURE. Not later than |
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December 1 of each even-numbered year, the Interagency Coordinating |
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Council for Data Sharing shall evaluate the efficiency and |
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effectiveness of the information sharing system established under |
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this chapter and report its findings to the legislature. |
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SECTION 2. This Act takes effect September 1, 2007. |