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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and confidentiality of information |
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regarding weapons in agency foster homes; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.042, Human Resources Code, is amended |
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by adding Subsections (e-6), (e-7), (e-8), and (e-9) to read as |
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follows: |
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(e-6) The commission, the department, and a child-placing |
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agency that contracts with the department may not require an agency |
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foster home to: |
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(1) disclose the specific types of weapons, including |
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firearms, that are present in the home; or |
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(2) notify the child-placing agency if there is any |
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change in the types of weapons, including firearms, that are |
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present in the home. |
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(e-7) If the commission, the department, or a child-placing |
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agency that contracts with the department has or obtains |
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information relating to the types of weapons, including firearms, |
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that are present in an agency foster home, the commission, |
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department, or child-placing agency may not use that information |
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for any purpose other than determining whether there are weapons |
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present in the home. |
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(e-8) A child-placing agency that violates Subsection (e-7) |
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is liable to the state for a civil penalty in an amount not to exceed |
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$5,000 for each violation. The attorney general may bring an action |
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to recover a civil penalty authorized under this subsection. |
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(e-9) Information relating to the types of weapons, |
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including firearms, that are present in an agency foster home is |
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confidential and is not subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 2. This Act takes effect September 1, 2023. |