Bill Text: TX HB4236 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of an interagency child protection database.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-03-21 - Referred to Human Services [HB4236 Detail]
Download: Texas-2023-HB4236-Introduced.html
88R11944 JG-D | ||
By: Noble | H.B. No. 4236 |
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relating to the establishment of an interagency child protection | ||
database. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 9, Health and Safety Code, is amended by | ||
adding Subtitle D to read as follows: | ||
SUBTITLE D. CHILD SAFETY | ||
CHAPTER 810. INTERAGENCY CHILD PROTECTION DATABASE | ||
Sec. 810.001. DEFINITIONS. In this chapter: | ||
(1) "Database" means the interagency child protection | ||
database established under this chapter. | ||
(2) "Department" means the Department of Information | ||
Resources. | ||
(3) "Participating state agency" means a state agency | ||
listed in Section 810.002. | ||
(4) "Reportable conduct" means a finding by a state | ||
agency to which this chapter applies: | ||
(A) that an individual engaged in abuse, neglect, | ||
exploitation, or misconduct; and | ||
(B) for which a final determination has been | ||
issued. | ||
Sec. 810.002. APPLICABILITY. This chapter applies to the | ||
following state agencies: | ||
(1) the Department of Family and Protective Services; | ||
(2) the Health and Human Services Commission; | ||
(3) the Texas Education Agency; and | ||
(4) the Texas Juvenile Justice Department. | ||
Sec. 810.003. ESTABLISHMENT OF DATABASE. (a) The | ||
department, in collaboration with each participating state agency, | ||
shall establish an interagency child protection database to compile | ||
and aggregate reportable conduct information maintained by: | ||
(1) the Department of Family and Protective Services | ||
in the central registry established under Section 261.002, Family | ||
Code; | ||
(2) the Health and Human Services Commission in the | ||
employee misconduct registry established under Chapter 253; | ||
(3) the Texas Education Agency in the registry | ||
established under Section 22.092, Education Code; and | ||
(4) the Texas Juvenile Justice Department in the | ||
integrated certification information system. | ||
(b) The department shall ensure the database is | ||
machine-readable and accessible to each participating state agency | ||
and to other eligible persons in accordance with this chapter for | ||
the purpose of identifying individuals who may be ineligible for | ||
employment or licensure based on reportable conduct. | ||
Sec. 810.004. ELIGIBILITY TO ACCESS DATABASE; USER | ||
CREDENTIALS. (a) The executive head of each participating state | ||
agency shall designate agency employees or contractors who are | ||
eligible to access information stored in the database to determine | ||
whether an individual has engaged in reportable conduct that makes | ||
the individual ineligible for: | ||
(1) employment with the agency or an establishment | ||
licensed by the agency; or | ||
(2) licensure by the agency in a profession that the | ||
agency regulates. | ||
(b) In addition to the eligible individuals described by | ||
Subsection (a), the department and each participating state agency | ||
shall collaborate to designate additional persons who are eligible | ||
to access information stored in the database to determine whether | ||
an individual has engaged in reportable conduct that makes the | ||
individual ineligible for employment with the person. The | ||
designated persons must include: | ||
(1) licensed child-care providers, including | ||
child-care facilities licensed under Chapter 42, Human Resources | ||
Code; | ||
(2) licensed long-term care providers, including: | ||
(A) nursing facilities licensed under Chapter | ||
242; | ||
(B) assisted living facilities licensed under | ||
Chapter 247; and | ||
(C) intermediate care facilities licensed under | ||
Chapter 252; | ||
(3) providers under a Section 1915(c) waiver program, | ||
as defined by Section 531.001, Government Code; | ||
(4) county juvenile justice departments; and | ||
(5) independent school districts and charter schools. | ||
(c) A person's determination under Subsection (a) or (b) | ||
regarding the ineligibility of an individual for employment or | ||
licensure must be based on standards authorized or required by law. | ||
(d) The department and each participating state agency | ||
shall develop a process to issue user credentials to each eligible | ||
person described by this section that authorizes the person to | ||
access information on reportable conduct stored in the database. | ||
The process must require the revocation of user credentials for a | ||
person who is no longer eligible to access information stored in the | ||
database. | ||
Sec. 810.005. INFORMATION STORED IN AND ACCESSIBLE THROUGH | ||
DATABASE. (a) For each individual identified by a participating | ||
state agency as having engaged in reportable conduct, the database | ||
information for that individual must include: | ||
(1) the individual's full name; | ||
(2) the individual's date of birth; | ||
(3) the last four digits of the individual's social | ||
security number; | ||
(4) a description of any reportable conduct in which | ||
the individual engaged; and | ||
(5) the date on which the reportable conduct occurred. | ||
(b) An individual who engaged in reportable conduct that | ||
requires the individual's inclusion in the database is not entitled | ||
to notice or an opportunity for a hearing before the individual's | ||
information is included in the database. | ||
Sec. 810.006. MEMORANDUM OF UNDERSTANDING. The department | ||
and each participating state agency shall enter into a memorandum | ||
of understanding to implement this chapter. The memorandum must | ||
specify each agency's roles and duties with respect to establishing | ||
and maintaining the database. | ||
Sec. 810.007. CONFIDENTIALITY. Information in or obtained | ||
from the database, including documents, is confidential and not | ||
subject to disclosure under Chapter 552, Government Code. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the Department of Information Resources shall | ||
collaborate with the Department of Family and Protective Services, | ||
the Health and Human Services Commission, the Texas Education | ||
Agency, and the Texas Juvenile Justice Department to establish the | ||
interagency child protection database as required by Chapter 810, | ||
Health and Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |