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A BILL TO BE ENTITLED
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AN ACT
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relating to a database containing certain records of children who |
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are not lawfully present in the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter G-1 to read as follows: |
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SUBCHAPTER G-1. DATABASE CONTAINING CERTAIN RECORDS OF CHILDREN NOT |
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LAWFULLY PRESENT IN UNITED STATES |
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Sec. 411.161. DEFINITION. In this subchapter, "child" |
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means an individual who is younger than 18 years of age. |
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Sec. 411.162. FINGERPRINT RECORDS; INTERVIEWS. (a) An |
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employee of the department who is working as part of Operation Lone |
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Star or a successor operation conducted by the department shall: |
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(1) detain a child who the employee has reasonable |
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suspicion to believe is not lawfully present in the United States; |
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(2) obtain a complete set of fingerprints from the |
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child for purposes of including the fingerprint record in the |
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database described by Section 411.163; and |
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(3) conduct a wellness interview with the child to |
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ensure that the child is safe and not a victim of a trafficking |
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offense, and contact other appropriate state entities if the child |
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is not safe. |
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(b) An interview under Subsection (a)(3) must be conducted |
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outside the presence of any person accompanying the child at the |
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time the employee detains the child. |
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(c) A child may not be detained under this section for any |
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period longer than necessary to satisfy the requirements of |
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Subsections (a)(2) and (3). |
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Sec. 411.163. DATABASE. (a) The department shall |
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establish a database to store the records of fingerprints collected |
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under Section 411.162 and other information regarding the child's |
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identity and well-being. |
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(b) The department shall use the database to investigate the |
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frequency with which a child described by Section 411.162 has |
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entered the United States unlawfully through the international |
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border with Mexico. |
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(c) The director shall establish best practices for the |
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database. |
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(d) The department shall establish a process to ensure that |
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a child's record is removed from the database as soon as practicable |
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after a child is determined to be lawfully present in the United |
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States or on the 15th anniversary of the initial inclusion of the |
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record in the database, whichever date is earlier. |
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Sec. 411.164. ACCESS TO DATABASE. The director by rule |
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shall establish procedures to: |
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(1) prevent unauthorized access to the database; and |
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(2) release information maintained in the database. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Department of Public Safety shall establish the |
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database required by Subchapter G-1, Chapter 411, Government Code, |
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as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |