Bill Text: TX HB1229 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the collection and confidentiality of information regarding firearms and ammunition in agency foster homes; creating a civil penalty.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Engrossed - Dead) 2023-05-23 - Co-sponsor authorized [HB1229 Detail]
Download: Texas-2023-HB1229-Comm_Sub.html
By: Harris of Anderson, et al. | H.B. No. 1229 | |
(Senate Sponsor - Birdwell) | ||
(In the Senate - Received from the House May 4, 2023; | ||
May 5, 2023, read first time and referred to Committee on Health & | ||
Human Services; May 19, 2023, reported favorably by the following | ||
vote: Yeas 5, Nays 3; May 19, 2023, sent to printer.) | ||
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relating to the collection and confidentiality of information | ||
regarding firearms and ammunition 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), (e-9), and (e-10) 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 firearms and | ||
ammunition that are present in the home; or | ||
(2) notify the child-placing agency if there is any | ||
change in the types of firearms and ammunition 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 firearms and ammunition 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 firearms or | ||
ammunition 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 firearms and | ||
ammunition that are present in an agency foster home is | ||
confidential and is not subject to disclosure under Chapter 552, | ||
Government Code. | ||
(e-10) Subsections (e-6), (e-7), and (e-9) may not be | ||
construed to limit the ability of the commission or a child-placing | ||
agency to determine the presence of weapons and to verify the | ||
appropriate storage of weapons in accordance with the standards | ||
adopted under Subsection (e-1). | ||
SECTION 2. This Act takes effect September 1, 2023. | ||
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