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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of foster care providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 5.05(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) Each local law enforcement agency shall establish a |
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departmental code for identifying and retrieving family violence |
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reports as outlined in Subsection (a) of this section. A district |
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or county attorney or an assistant district or county attorney |
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exercising authority in the county where the law enforcement agency |
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maintains records under this section is entitled to access to the |
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records. The Department of Family and Protective Services is |
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entitled to access the records relating to an applicant for a foster |
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home license. |
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SECTION 2. Subchapter C, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.074 to read as follows: |
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Sec. 40.074. DATABASE OF FOSTER HOMES; INFORMATION PROVIDED |
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TO PEACE OFFICER ON REQUEST. (a) The department shall maintain a |
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database of licensed foster homes. The database must identify each |
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foster home that currently provides services to a foster child. The |
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database must be updated on a regular basis. |
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(b) The department shall make the database available to the |
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Department of Public Safety for the purposes of Subsection (c). |
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(c) The Department of Public Safety shall establish a |
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procedure by which a peace officer or employee of a law enforcement |
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agency who provides the department with a street address is |
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automatically provided information as to whether the address is |
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licensed as a foster home under Chapter 42 and whether a foster |
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child currently resides at the address. |
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SECTION 3. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0448 to read as follows: |
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Sec. 42.0448. REQUIRED BACKGROUND SEARCH OF FAMILY |
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VIOLENCE CALLS. (a) Before the department may issue a license or |
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registration for a foster home, the department shall contact the |
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law enforcement agency for each city and county in which the |
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applicant resided during the 10 years preceding the date of the |
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application to determine whether the law enforcement agency |
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responded to any domestic violence reports at the applicant's |
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residence. |
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(b) Before the department may renew a license or |
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registration for a foster home, the department must contact the law |
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enforcement agency for each city and county in which the applicant |
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resided since the date of the last renewal to determine whether the |
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law enforcement agency responded to any domestic violence reports |
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at the applicant's residence. |
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(c) The department may adopt rules to implement this |
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section. |
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SECTION 4. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.1064 to read as follows: |
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Sec. 264.1064. NOTICE OF LAW ENFORCEMENT CALLS. A law |
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enforcement agency shall report to the department each time the law |
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enforcement agency responds to a call from a licensed foster home. |
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SECTION 5. The Department of Family and Protective Services |
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shall establish the database required by Section 40.074, Human |
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Resources Code, as added by this Act, not later than September 1, |
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2008. |
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SECTION 6. Section 42.0448, Human Resources Code, as added |
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by this Act, applies only to an application for an original license |
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or registration or an application for a license or registration |
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renewal filed on or after the effective date of this Act. An |
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application for an original license or registration or an |
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application for a license or registration renewal filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2007. |