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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an interagency child protection |
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database. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. CHILD SAFETY |
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CHAPTER 810. INTERAGENCY CHILD PROTECTION DATABASE |
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Sec. 810.001. DEFINITIONS. In this chapter: |
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(1) "Database" means the interagency child protection |
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database established under this chapter. |
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(2) "Department" means the Department of Information |
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Resources. |
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(3) "Participating state agency" means a state agency |
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listed in Section 810.002. |
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(4) "Reportable conduct" means a finding by a state |
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agency to which this chapter applies: |
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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 a final determination has been |
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issued. |
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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 DATABASE. (a) The |
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department, in collaboration with each participating state agency, |
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shall establish an interagency child protection database to compile |
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and aggregate reportable conduct information 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. |
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(b) The department shall ensure the database is |
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machine-readable and accessible to each participating state agency |
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and to other eligible persons in accordance with this chapter for |
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the purpose of identifying individuals who may be ineligible for |
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employment or licensure based on reportable conduct. |
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Sec. 810.004. ELIGIBILITY TO ACCESS DATABASE; 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 information stored in the database to determine |
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whether an individual has engaged in reportable conduct that makes |
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the individual ineligible for: |
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(1) employment with the agency or an establishment |
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licensed by the agency; or |
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(2) licensure by the agency in a profession that the |
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agency regulates. |
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(b) In addition to the eligible individuals described by |
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Subsection (a), the department and each participating state agency |
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shall collaborate to designate additional persons who are eligible |
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to access information stored in the database to determine whether |
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an individual has engaged in reportable conduct that makes the |
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individual ineligible for employment with the person. The |
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designated persons must include: |
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(1) licensed child-care providers, including |
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child-care facilities licensed under Chapter 42, Human Resources |
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Code; |
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(2) licensed long-term care providers, including: |
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(A) nursing facilities licensed under Chapter |
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242; |
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(B) assisted living facilities licensed under |
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Chapter 247; and |
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(C) intermediate care facilities licensed under |
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Chapter 252; |
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(3) providers under a Section 1915(c) waiver program, |
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as defined by Section 531.001, Government Code; |
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(4) county juvenile justice departments; and |
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(5) independent school districts and charter schools. |
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(c) A person's determination under Subsection (a) or (b) |
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regarding the ineligibility of an individual for employment or |
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licensure must be based on standards authorized or required by law. |
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(d) The department and each participating state agency |
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shall develop a process to issue user credentials to each eligible |
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person described by this section that authorizes the person to |
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access information on reportable conduct stored in the database. |
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The process must require the revocation of user credentials for a |
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person who is no longer eligible to access information stored in the |
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database. |
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Sec. 810.005. INFORMATION STORED IN AND ACCESSIBLE THROUGH |
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DATABASE. (a) For each individual identified by a participating |
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state agency as having engaged in reportable conduct, the database |
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information for that individual must include: |
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(1) the individual's full name; |
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(2) the individual's date of birth; |
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(3) the last four digits of the individual's social |
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security number; |
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(4) a description of any reportable conduct in which |
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the individual engaged; and |
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(5) the date on which the reportable conduct occurred. |
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(b) An individual who engaged in reportable conduct that |
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requires the individual's inclusion in the database is not entitled |
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to notice or an opportunity for a hearing before the individual's |
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information is included in the database. |
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Sec. 810.006. 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 to implement this chapter. The memorandum must |
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specify each agency's roles and duties with respect to establishing |
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and maintaining the database. |
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Sec. 810.007. CONFIDENTIALITY. Information in or obtained |
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from the database, including documents, is confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Department of Information Resources shall |
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collaborate with the Department of Family and Protective Services, |
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the Health and Human Services Commission, the Texas Education |
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Agency, and the Texas Juvenile Justice Department to establish the |
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interagency child protection database as required by Chapter 810, |
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Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |