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AN ACT
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relating to the Department of Family and Protective Services, |
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including protective services and investigations of alleged abuse, |
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neglect, or exploitation for certain adults who are elderly or |
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disabled; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 59.006, Finance Code, is |
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amended to read as follows: |
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(a) This section provides the exclusive method for |
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compelled discovery of a record of a financial institution relating |
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to one or more customers but does not create a right of privacy in a |
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record. This section does not apply to and does not require or |
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authorize a financial institution to give a customer notice of: |
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(1) a demand or inquiry from a state or federal |
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government agency authorized by law to conduct an examination of |
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the financial institution; |
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(2) a record request from a state or federal |
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government agency or instrumentality under statutory or |
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administrative authority that provides for, or is accompanied by, a |
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specific mechanism for discovery and protection of a customer |
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record of a financial institution, including a record request from |
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a federal agency subject to the Right to Financial Privacy Act of |
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1978 (12 U.S.C. Section 3401 et seq.), as amended, or from the |
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Internal Revenue Service under Section 1205, Internal Revenue Code |
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of 1986; |
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(3) a record request from or report to a government |
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agency arising out of the investigation or prosecution of a |
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criminal offense or the investigation of alleged abuse, neglect, or |
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exploitation of an elderly or disabled person in accordance with |
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Chapter 48, Human Resources Code; |
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(4) a record request in connection with a garnishment |
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proceeding in which the financial institution is garnishee and the |
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customer is debtor; |
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(5) a record request by a duly appointed receiver for |
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the customer; |
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(6) an investigative demand or inquiry from a state |
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legislative investigating committee; |
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(7) an investigative demand or inquiry from the |
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attorney general of this state as authorized by law other than the |
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procedural law governing discovery in civil cases; or |
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(8) the voluntary use or disclosure of a record by a |
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financial institution subject to other applicable state or federal |
|
law. |
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SECTION 2. Section 411.114, Government Code, is amended to |
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read as follows: |
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Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] |
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SERVICES. (a)(1) In this subsection: |
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(A) "Child," "child-care facility," |
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"child-placing agency," and "family home" have the meanings |
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assigned by Section 42.002, Human Resources Code. |
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(B) "Elderly person" has the meaning assigned by |
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Section 48.002, Human Resources Code. |
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(C) "Maternity home" has the meaning assigned by |
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Section 249.001, Health and Safety Code. |
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(D) "Person with a disability" means a disabled |
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person as defined by Section 48.002, Human Resources Code. |
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(E) "Ward" has the meaning assigned by Section |
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601, Texas Probate Code. |
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(2) The Department of Family and Protective Services |
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shall obtain from the department criminal history record |
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information maintained by the department that relates to a person |
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who is: |
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(A) an applicant for a license, registration, |
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certification, or listing under Chapter 42, Human Resources Code, |
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or Chapter 249, Health and Safety Code; |
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(B) an owner, operator, or employee of or an |
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applicant for employment by a child-care facility, child-placing |
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agency, family home, or maternity home licensed, registered, |
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certified, or listed under Chapter 42, Human Resources Code, or |
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Chapter 249, Health and Safety Code; |
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(C) a person 14 years of age or older who will be |
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regularly or frequently working or staying in a child-care |
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facility, family home, or maternity home while children are being |
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provided care, other than a child in the care of the home or |
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facility; |
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(D) an applicant selected for a position with the |
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Department of Family and Protective Services, the duties of which |
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include direct delivery of protective services to children, elderly |
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persons, or persons with a disability; |
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(E) an employee of, an applicant for employment |
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with, or a volunteer or an applicant volunteer with a business |
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entity or person that contracts with the Department of Family and |
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Protective Services to provide direct delivery of protective |
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services to children, elderly persons, or persons with a |
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disability, if the person's duties or responsibilities include |
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direct contact with children, elderly persons, or persons with a |
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disability; |
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(F) a registered volunteer with the Department of |
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Family and Protective Services; |
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(G) a person providing or applying to provide |
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in-home, adoptive, or foster care for children in the care of the |
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Department of Family and Protective Services and other persons |
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living in the residence in which the child will reside; |
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(H) a Department of Family and Protective |
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Services employee who is engaged in the direct delivery of |
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protective services to children, elderly persons, or persons with a |
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disability; |
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(I) an alleged perpetrator in [a person who is
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the subject of] a report the Department of Family and Protective |
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Services receives alleging that the person has abused, neglected, |
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or exploited a child, an elderly person, or a person with a |
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disability, provided that: |
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(i) the report alleges the person has |
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engaged in conduct that meets the applicable [statutory] definition |
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of abuse, neglect, or exploitation under Chapter 261, Family Code, |
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or Chapter 48, Human Resources Code; and |
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(ii) the person [who is the subject of the
|
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report] is not also the victim of the alleged conduct; |
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(J) a person providing child care for a child who |
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is in the care of the Department of Family and Protective Services |
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and who is or will be receiving adoptive, foster, or in-home care; |
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(K) through a contract with a nonprofit |
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management center, an employee of, an applicant for employment |
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with, or a volunteer or an applicant volunteer with a nonprofit, |
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tax-exempt organization that provides any service that involves the |
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care of or access to a child [children], an elderly person |
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[persons], or a person [persons] with a disability; or |
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(L) an applicant for a child-care administrator |
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or child-placing agency administrator license under Chapter 43, |
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Human Resources Code. |
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(3) The Department of Family and Protective [and
|
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Regulatory] Services is entitled to obtain from the department |
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criminal history record information maintained by the department |
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that relates to a person who is: |
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(A) a volunteer or applicant volunteer with a |
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local affiliate in this state of Big Brothers/Big Sisters of |
|
America; |
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(B) a volunteer or applicant volunteer with the |
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"I Have a Dream/Houston" program; |
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(C) a volunteer or applicant volunteer with an |
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organization that provides court-appointed special advocates for |
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abused or neglected children; |
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(D) a person providing, at the request of the |
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child's parent, in-home care for a child who is the subject of a |
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report alleging the child has been abused or neglected; |
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(E) a volunteer or applicant volunteer with a |
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Texas chapter of the Make-a-Wish Foundation of America; |
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(F) a person providing, at the request of the |
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child's parent, in-home care for a child only if the person gives |
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written consent to the release and disclosure of the information; |
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(G) a child who is related to the caretaker, as |
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determined under Section 42.002, Human Resources Code, and who |
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resides in or is present in a child-care facility, family home, or |
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maternity home, other than a child described by Subdivision (2)(C), |
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or any other person who has unsupervised access to a child in the |
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care of a child-care facility, family home, or maternity home; |
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(H) an applicant for a position with the |
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Department of Family and Protective [and Regulatory] Services, |
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other than a position described by Subdivision (2)(D), regardless |
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of the duties of the position; |
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(I) a volunteer or applicant volunteer with the |
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Department of Family and Protective [and Regulatory] Services, |
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other than a registered volunteer, regardless of the duties to be |
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performed; |
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(J) a person providing or applying to provide |
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in-home, adoptive, or foster care for children to the extent |
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necessary to comply with Subchapter B, Chapter 162, Family Code; |
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(K) a Department of Family and Protective [and
|
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Regulatory] Services employee, other than an employee described by |
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Subdivision (2)(H), regardless of the duties of the employee's |
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position; |
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(L) a relative of a child in the care of the |
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Department of Family and Protective [and Regulatory] Services, to |
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the extent necessary to comply with Section 162.007, Family Code; |
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(M) a person, other than an alleged perpetrator |
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in [the subject of] a report described in Subdivision (2)(I), |
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living in the residence in which the alleged victim of the report |
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resides; |
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(N) a contractor or an employee of a contractor |
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who delivers services to a ward of the Department of Protective and |
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Regulatory Services under a contract with the estate of the ward; |
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(O) a person who seeks unsupervised visits with a |
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ward of the Department of Protective and Regulatory Services, |
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including a relative of the ward; [or] |
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(P) an employee, volunteer, or applicant |
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volunteer of a children's advocacy center under Subchapter E, |
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Chapter 264, Family Code, including a member of the governing board |
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of a center; or |
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(Q) an employee of, an applicant for employment |
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with, or a volunteer or an applicant volunteer with an entity or |
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person that contracts with the Department of Family and Protective |
|
Services and has access to confidential information in the |
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department's records, if the employee, applicant, volunteer, or |
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applicant volunteer has or will have access to that confidential |
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information. |
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(4) Subject to Section 411.087, the Department of |
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Family and Protective [and Regulatory] Services is entitled to: |
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(A) obtain through the Federal Bureau of |
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Investigation criminal history record information maintained or |
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indexed by that bureau that pertains to a person described by |
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Subdivision (2) or (3); and |
|
(B) obtain from any other criminal justice agency |
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in this state criminal history record information maintained by |
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that criminal justice agency that relates to a person described by |
|
Subdivision (2) or (3). Law enforcement entities shall expedite |
|
the furnishing of such information to Department of Family and |
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Protective [and Regulatory] Services workers to ensure prompt |
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criminal background checks for the safety of alleged victims and |
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Department of Family and Protective [and Regulatory] Services |
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workers. |
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(5) The Department of Family and Protective [and
|
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Regulatory] Services may not use the authority granted under this |
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section to harass an employee or volunteer. The executive |
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commissioner of the Health and Human Services Commission [Board of
|
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Protective and Regulatory Services] shall adopt rules to prevent |
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the harassment of an employee or volunteer through the request and |
|
use of criminal records. |
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(6) Criminal history record information obtained by |
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the Department of Family and Protective [and Regulatory] Services |
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under this subsection may not be released to any person except: |
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(A) on court order; |
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(B) with the consent of the person who is the |
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subject of the criminal history record information; |
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(C) for purposes of an administrative hearing |
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held by the Department of Family and Protective [and Regulatory] |
|
Services concerning the person who is the subject of the criminal |
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history record information; or |
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(D) as provided by Subdivision (7). |
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(7) The Department of Family and Protective [and
|
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Regulatory] Services is not prohibited from releasing criminal |
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history record information obtained under this subsection to: |
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(A) the person who is the subject of the criminal |
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history record information; |
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(B) a child-care facility, child-placing agency, |
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family home, or maternity home listed in Subdivision (2) that |
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employs or is considering employing the person who is the subject of |
|
the criminal history record information; |
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(C) a person or business entity described by |
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Subdivision (2)(E) or (3) who uses or intends to use the services of |
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the volunteer or employs or is considering employing the person who |
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is the subject of the criminal history record information; [or] |
|
(D) an adult who resides [residing] with an |
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alleged victim of abuse, neglect, or exploitation of a child, |
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elderly person, or person with a disability and who also resides |
|
with the alleged perpetrator of that abuse, neglect, or |
|
exploitation if: |
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(i) the alleged perpetrator [person who] is |
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the subject of the criminal history record information; and |
|
(ii)[, if] the Department of Family and |
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Protective [and Regulatory] Services determines that the release of |
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information to the adult is necessary to ensure the safety or |
|
welfare of the alleged victim [child, elderly person, or person
|
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with a disability] or the adult; or |
|
(E) an elderly or disabled person who is an |
|
alleged victim of abuse, neglect, or exploitation and who resides |
|
with the alleged perpetrator of that abuse, neglect, or |
|
exploitation if: |
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(i) the alleged perpetrator is the subject |
|
of the criminal history record information; and |
|
(ii) the Department of Family and |
|
Protective Services determines that the release of information to |
|
the elderly or disabled person or adult is necessary to ensure the |
|
safety or welfare of the elderly or disabled person. |
|
(b) The failure or refusal to provide a complete set of |
|
fingerprints or a complete name on request constitutes good cause |
|
for dismissal or refusal to hire, as applicable, with regard to a |
|
volunteer of or an employee or applicant for permanent or temporary |
|
employment with the Department of Family and Protective [and
|
|
Regulatory] Services, or a facility, home, business, or other |
|
entity, if the volunteer position, employment, or potential |
|
employment involves direct interaction with or the opportunity to |
|
interact and associate with children. |
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(c) The Department of Family and Protective [and
|
|
Regulatory] Services may charge an organization or person that |
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requests criminal history record information under Subsection |
|
(a)(3) a fee in an amount necessary to cover the costs of obtaining |
|
the information on the organization's or person's behalf. |
|
SECTION 3. Subsection (a), Section 142.018, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) In this section, "abuse," "exploitation," and "neglect" |
|
have the meanings applicable through a rule adopted by the |
|
executive commissioner of the Health and Human Services Commission |
|
under [assigned by] Section 48.002(c) [48.002], Human Resources |
|
Code, except that if the executive commissioner has not adopted |
|
applicable rules under that section, the statutory definitions of |
|
those terms under Section 48.002(a), Human Resources Code, shall be |
|
used. |
|
SECTION 4. Subsection (b), Section 40.0315, Human Resources |
|
Code, is amended to read as follows: |
|
(b) An investigator in the unit shall determine whether an |
|
elderly or disabled person who is the subject of a report made under |
|
Section 48.051(a) may have suffered from abuse, neglect, or |
|
exploitation as a result of the criminal conduct of another person. |
|
If the investigator determines that criminal conduct may have |
|
occurred, the investigator shall immediately notify: |
|
(1) the commission's office of inspector general if |
|
the disabled person who is the subject of the report resides in a |
|
state supported living center or the ICF-MR component of the Rio |
|
Grande State Center; and [or] |
|
(2) the appropriate law enforcement agency, unless the |
|
law enforcement agency reported the alleged abuse, neglect, or |
|
exploitation to the department. |
|
SECTION 5. Subdivisions (3) and (5), Subsection (a), |
|
Section 48.002, Human Resources Code, are amended to read as |
|
follows: |
|
(3) "Exploitation" means the illegal or improper act |
|
or process of a caretaker, family member, or other individual who |
|
has an ongoing relationship with an [the] elderly or disabled |
|
person that involves using, or attempting to use, the resources of |
|
the [an] elderly or disabled person, including the person's social |
|
security number or other identifying information, for monetary or |
|
personal benefit, profit, or gain without the informed consent of |
|
the elderly or disabled person. |
|
(5) "Protective services" means the services |
|
furnished by the department or by a protective services agency to an |
|
elderly or disabled person who has been determined to be in a state |
|
of abuse, neglect, or exploitation or to a relative or caretaker of |
|
an elderly or disabled person if the department determines the |
|
services are necessary to prevent the elderly or disabled person |
|
from returning to a state of abuse, neglect, or exploitation. These |
|
services may include social casework, case management, and |
|
arranging for psychiatric and health evaluation, home care, day |
|
care, social services, health care, respite services, and other |
|
services consistent with this chapter. The term does not include |
|
the services of the department or another protective services |
|
agency in conducting an investigation regarding alleged abuse, |
|
neglect, or exploitation of an elderly or disabled person. |
|
SECTION 6. Section 48.002, Human Resources Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) Except as provided by Subsection (b), the executive |
|
commissioner by rule may adopt definitions of "abuse," "neglect," |
|
and "exploitation," as an alternative to the definitions of those |
|
terms under Subsection (a), for purposes of conducting an |
|
investigation under this chapter or Chapter 142, Health and Safety |
|
Code. |
|
SECTION 7. Subsection (a), Section 48.006, Human Resources |
|
Code, is amended to read as follows: |
|
(a) Subject to the availability of funds, the department |
|
shall develop a community satisfaction survey that solicits |
|
information regarding the department's performance with respect to |
|
providing investigative and adult protective services. In each |
|
region, the department shall send the survey at least biennially |
|
[annually] to: |
|
(1) stakeholders in the adult protective services |
|
system, including local law enforcement agencies and prosecutors' |
|
offices; |
|
(2) protective services agencies, including nonprofit |
|
agencies; and |
|
(3) courts with jurisdiction over probate matters. |
|
SECTION 8. Section 48.053, Human Resources Code, is amended |
|
to read as follows: |
|
Sec. 48.053. FALSE REPORT; PENALTY. (a) A person commits |
|
an offense if the person knowingly or intentionally reports |
|
information as provided in this chapter that the person knows is |
|
false or lacks factual foundation. |
|
(b) An offense under this section is a Class A [B] |
|
misdemeanor. |
|
SECTION 9. Subsection (a), Section 48.151, Human Resources |
|
Code, is amended to read as follows: |
|
(a) Not later than 24 hours after the department receives a |
|
report of an allegation of abuse, neglect, or exploitation under |
|
Section 48.051, the department shall initiate a prompt and thorough |
|
investigation as needed to evaluate the accuracy of the report and |
|
to assess the need for protective services, unless the department |
|
determines that the report: |
|
(1) is frivolous or patently without a factual basis; |
|
or |
|
(2) does not concern abuse, neglect, or exploitation, |
|
as those terms are defined by rules adopted by the executive |
|
commissioner under Section 48.002(c), except that if the executive |
|
commissioner has not adopted applicable rules under that section, |
|
the statutory definitions of those terms under Section 48.002(a) |
|
shall be used [48.002]. |
|
SECTION 10. Section 48.152, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 48.152. INVESTIGATION. (a) An investigation by the |
|
department or a state agency shall include an interview with the |
|
elderly or disabled person, if appropriate, and with persons |
|
thought to have knowledge of the circumstances. If the elderly or |
|
disabled person refuses to be interviewed or cannot be interviewed |
|
because of a physical or mental impairment, the department shall |
|
continue the investigation by interviewing other persons thought to |
|
have knowledge relevant to the investigation. |
|
(b) The investigation may include an interview with an |
|
alleged juvenile perpetrator of the alleged abuse, neglect, or |
|
exploitation. |
|
(c) The department or state agency may conduct an interview |
|
under this section in private or may include any person the |
|
department or agency determines is necessary. |
|
SECTION 11. Section 48.1522, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 48.1522. REPORTS OF CRIMINAL CONDUCT TO LAW |
|
ENFORCEMENT AGENCY. (a) Except as provided by Subsection (b), if |
|
during the course of the department's or another state agency's |
|
investigation of reported abuse, neglect, or exploitation a |
|
caseworker of the department or other state agency, as applicable, |
|
or the caseworker's supervisor has cause to believe that the |
|
elderly or disabled person has been abused, neglected, or exploited |
|
by another person in a manner that constitutes a criminal offense |
|
under any law, including Section 22.04, Penal Code, the caseworker |
|
or supervisor shall: |
|
(1) immediately notify an appropriate law enforcement |
|
agency, unless the law enforcement agency reported the alleged |
|
abuse, neglect, or exploitation to the department; and |
|
(2) provide the law enforcement agency with a copy of |
|
the investigation report of the department or other state agency, |
|
as applicable, in a timely manner. |
|
(b) If during the course of the department's investigation |
|
of reported abuse, neglect, or exploitation a caseworker of the |
|
department or the caseworker's supervisor has cause to believe that |
|
a disabled person who is a resident or client of a state supported |
|
living center or the ICF-MR component of the Rio Grande State Center |
|
has been abused, neglected, or exploited by another person in a |
|
manner that constitutes a criminal offense under any law, including |
|
Section 22.04, Penal Code, in addition to the report to the |
|
appropriate law enforcement agency required by Subsection (a), the |
|
caseworker shall immediately notify the commission's office of |
|
inspector general and promptly provide the commission's office of |
|
inspector general with a copy of the department's investigation |
|
report. |
|
SECTION 12. Subsections (a) through (e), Section 48.154, |
|
Human Resources Code, are amended to read as follows: |
|
(a) The department or another state agency, as appropriate, |
|
shall have access to any records or documents, including |
|
client-identifying information, financial records, and medical and |
|
psychological records, necessary to the performance of the |
|
department's or state agency's duties under this chapter. The |
|
duties include but are not limited to the investigation of abuse, |
|
neglect, or exploitation or the provisions of services to an |
|
elderly or disabled person. A person, [or] agency, or institution |
|
that has a record or document that the department or state agency |
|
needs to perform its duties under this chapter shall, without |
|
unnecessary delay, make the record or document available to the |
|
department or state agency that requested the record or document. |
|
(b) The department is exempt from the payment of a fee |
|
otherwise required or authorized by law to obtain a financial |
|
record from a person, agency, or institution or a medical record, |
|
including a mental health record, from a hospital or health care |
|
provider if the request for a record is made in the course of an |
|
investigation by the department. |
|
(c) If the department or another state agency cannot obtain |
|
access to a record or document that is necessary to properly conduct |
|
an investigation or to perform another duty under this chapter, the |
|
department or state agency may petition the probate court or the |
|
statutory or constitutional county court having probate |
|
jurisdiction for access to the record or document. |
|
(d) On good cause shown, the court shall order the person, |
|
agency, or institution who has [denied access to] a requested |
|
record or document to allow the department or state agency to have |
|
access to that record or document under the terms and conditions |
|
prescribed by the court. |
|
(e) A person, agency, or institution who has a requested |
|
record or document is entitled to notice and a hearing on a [the] |
|
petition filed under this section. |
|
SECTION 13. Subsection (d), Section 48.203, Human Resources |
|
Code, is amended to read as follows: |
|
(d) Except as provided by Section 48.208, if [If] an elderly |
|
or disabled person withdraws from or refuses consent to voluntary |
|
protective services, the services may not be provided. |
|
SECTION 14. Section 48.204, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 48.204. AGENCY POWERS. A protective services agency |
|
may furnish protective services to an elderly or disabled person |
|
with the person's consent or to a relative or caretaker of an |
|
elderly or disabled person on behalf of the elderly or disabled |
|
person with the relative's or caregiver's consent or, if the elderly |
|
or disabled person lacks the capacity to consent, without that |
|
person's consent as provided by this chapter. |
|
SECTION 15. Section 48.208, Human Resources Code, is |
|
amended by amending Subsections (e), (e-2), (f), and (h) and adding |
|
Subsection (i) to read as follows: |
|
(e) The emergency order expires on the earlier of [at] the |
|
end of the 10th day after [72 hours from] the date [time] the order |
|
is rendered or the end of the 10th day after the date the person was |
|
removed to safer surroundings if the emergency order was rendered |
|
subsequent to the removal of the person to safer surroundings in |
|
accordance with Subsection (h), unless: |
|
(1) the emergency order terminates as provided by |
|
Subsection (e-1); |
|
(2) the 10-day [72-hour] period ends on a Saturday, |
|
Sunday, or legal holiday in which event the order is automatically |
|
extended to 4 p.m. on the first succeeding business day; or |
|
(3) the court extends the order as provided by |
|
Subsection (e-2). |
|
(e-2) The court, after notice and a hearing, may extend an |
|
emergency order issued under this section for a period of not more |
|
than 30 days after the date the original emergency order for |
|
protective services was rendered. The court, after notice and a |
|
hearing and for good cause shown, may grant a second extension of an |
|
emergency order of not more than an additional 30 days. The court |
|
may not grant more than two extensions of the original emergency |
|
order. An extension order that ends on a Saturday, Sunday, or legal |
|
holiday is automatically extended to 4 p.m. on the first succeeding |
|
business day. The court may modify or terminate the emergency order |
|
on petition of the department, the incapacitated person, or any |
|
person interested in the person's [his] welfare. |
|
(f) Any medical facility, emergency medical services |
|
provider, or physician who provides treatment to or who transports |
|
[treating] an elderly or disabled person pursuant to an emergency |
|
order under Subsection (d) or an emergency authorization under |
|
Subsection (h) [this chapter] is not liable for any damages arising |
|
from the treatment or transportation, except those damages |
|
resulting from the negligence of the facility, provider, or |
|
physician. |
|
(h) If the department cannot obtain an emergency order under |
|
this section because the court is closed on a Saturday, Sunday, or |
|
legal holiday or after 5 p.m., the department may remove or |
|
authorize an appropriate transportation service, including an |
|
emergency medical services provider, to remove the elderly or |
|
disabled person to safer surroundings, authorize medical |
|
treatment, or authorize [order] or provide other available services |
|
necessary to remove conditions creating the threat to life or |
|
physical safety. The department must obtain an emergency order |
|
under this section not later than 4 p.m. on the first succeeding |
|
business day after the date on which protective services are |
|
provided. If the department does not obtain an emergency order, the |
|
department shall cease providing protective services and, if |
|
necessary, make arrangements for the immediate return of the person |
|
to the place from which the person was removed, to the person's |
|
place of residence in the state, or to another suitable place. |
|
(i) If the department's removal of a person from the |
|
person's place of residence under this section results in that |
|
residence being vacant, the department shall notify the appropriate |
|
law enforcement agency of the vacancy to facilitate the law |
|
enforcement agency's monitoring of the residence. |
|
SECTION 16. Subsections (a) and (b), Section 48.405, Human |
|
Resources Code, are amended to read as follows: |
|
(a) If the employee requests a hearing, the department or |
|
its designee shall: |
|
(1) set a hearing; |
|
(2) give written notice of the hearing to the |
|
employee; and |
|
(3) designate an administrative law judge [a hearings
|
|
examiner] to conduct the hearing. |
|
(b) The administrative law judge [hearings examiner] shall |
|
make findings of fact and conclusions of law and shall promptly |
|
issue an order regarding [to the commissioner or the commissioner's
|
|
designee a proposal for decision as to] the occurrence of the |
|
reportable conduct. |
|
SECTION 17. Subsection (c), Section 48.405, Human Resources |
|
Code, is repealed. |
|
SECTION 18. The change made by this Act to Section 48.053, |
|
Human Resources Code, applies only to an offense committed on or |
|
after the effective date of this Act. An offense committed before |
|
the effective date of this Act is governed by the law in effect when |
|
the offense was committed, and the former law is continued in effect |
|
for that purpose. For the purposes of this section, an offense was |
|
committed before the effective date of this Act if any element of |
|
the offense occurred before that date. |
|
SECTION 19. The change in law made by this Act to Section |
|
48.405, Human Resources Code, applies only to a hearing requested |
|
on or after the effective date of this Act. A hearing requested |
|
before the effective date of this Act is governed by the law in |
|
effect when the hearing was requested, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 20. This Act takes effect September 1, 2011. |
|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 221 passed the Senate on |
|
March 24, 2011, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendments on May 27, 2011, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 221 passed the House, with |
|
amendments, on May 20, 2011, by the following vote: Yeas 145, |
|
Nays 4, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
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______________________________ |
|
Date |
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|
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______________________________ |
|
Governor |