88R3218 BDP-D
 
  By: Birdwell S.B. No. 1165
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection and confidentiality of information
  regarding weapons in agency foster homes; creating a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.042, Human Resources Code, is amended
  by adding Subsections (e-6), (e-7), (e-8), and (e-9) to read as
  follows:
         (e-6)  The commission, the department, and a child-placing
  agency that contracts with the department may not require an agency
  foster home to:
               (1)  disclose the specific types of weapons, including
  firearms, that are present in the home; or
               (2)  notify the child-placing agency if there is any
  change in the types of weapons, including firearms, that are
  present in the home.
         (e-7)  If the commission, the department, or a child-placing
  agency that contracts with the department has or obtains
  information relating to the types of weapons, including firearms,
  that are present in an agency foster home, the commission,
  department, or child-placing agency may not use that information
  for any purpose other than determining whether there are weapons
  present in the home. 
         (e-8)  A child-placing agency that violates Subsection (e-7)
  is liable to the state for a civil penalty in an amount not to exceed
  $5,000 for each violation.  The attorney general may bring an action
  to recover a civil penalty authorized under this subsection. 
         (e-9)  Information relating to the types of weapons,
  including firearms, that are present in an agency foster home is
  confidential and is not subject to disclosure under Chapter 552,
  Government Code.
         SECTION 2.  This Act takes effect September 1, 2023.