Texas 2023 - 88th Regular

Texas Senate Bill SB1849

Filed
3/8/23  
Out of Senate Committee
4/4/23  
Voted on by Senate
4/11/23  
Out of House Committee
5/9/23  
Voted on by House
5/17/23  
Governor Action
6/18/23  

Caption

Relating to an interagency reportable conduct search engine, standards for a person's removal from the employee misconduct registry and eligibility for certification as certain Texas Juvenile Justice Department officers and employees, and the use of certain information by certain state agencies to conduct background checks.

Impact

Should it be enacted, SB1849 would significantly modify existing practices regarding how background checks are conducted for potential employees in sensitive roles. By linking data from multiple state agencies, including the Texas Education Agency and the Texas Juvenile Justice Department, the bill aims to streamline the vetting process, making it easier to identify individuals who have previously engaged in misconduct. This centralized system is expected to improve the safety protocols in schools and care facilities, promoting a safer environment for children and other vulnerable individuals.

Summary

SB1849 establishes an interagency reportable conduct search engine, which is aimed at enhancing child and vulnerable individual safety across different sectors, including education, childcare, and juvenile justice. The bill directs the Texas Department of Information Resources to create a central repository for information regarding individuals with a history of reportable conduct, thereby allowing employers in these sectors to better investigate potential hires. The goal is to close the information gap that currently exists and ensure that those who pose a risk are not employed in positions working with vulnerable populations.

Sentiment

The reception of SB1849 appears largely supportive, particularly from child advocacy groups and other organizations concerned with the welfare of vulnerable populations. Testimonies during committee meetings expressed gratitude toward the bill's sponsors, who are perceived as committed to protecting children and adults in care settings. However, it’s crucial to note that while the bill has support from many, concerns regarding privacy and the classification of reportable conduct may arise during its implementation, pointing to a nuanced discussion around the balance between safety and personal privacy rights.

Contention

One notable point of contention is the concern over the criteria for what constitutes 'reportable conduct' and how that information is shared across agencies. Some stakeholders suggest there needs to be clearer definitions and processes to avoid misuse of the search engine results, which may inadvertently affect the reputational standing of individuals who may not pose a current risk. Additionally, private schools are specifically mentioned as not being required to use the search engine, raising questions about the bill's comprehensive application and its effectiveness in safeguarding all vulnerable populations.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 22. School District Employees And Volunteers
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 253. Employee Misconduct; Registry
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 810. Interagency Reportable Conduct Search Engine
    • Section: New Section

Human Resources Code

  • Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
    • Section: 056
    • Section: 159
    • Section: 206
    • Section: 056
    • Section: 056
  • Chapter 222. Standards For And Regulation Of Certain Officers And Employees
    • Section: New Section
    • Section: 054
    • Section: New Section
    • Section: 054
    • Section: New Section

Government Code

  • Chapter 2001. Administrative Procedure
    • Section: New Section

Companion Bills

TX HB4236

Identical Relating to the establishment of an interagency child protection database.

Similar Bills

TX HB2683

Relating to employment in certain consumer-directed services and by certain facilities and to the nurse aide registry and the employee misconduct registry.

TX HB4236

Relating to the establishment of an interagency child protection database.

NJ A4264

Establishes student-athlete mental health specialists in school districts and public institutions of higher education; creates student-athlete mental health registry; makes appropriation.

TX HB3170

Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct who are employed by a facility that provides care to individuals with an intellectual disability.

TX SB1677

Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct who are employed by a facility that provides care to individuals with an intellectual disability.

MA H3741

Establishing an emergency responder yellow dot program

TX SB589

Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct and are employed by a facility that provides care to individuals with an intellectual disability.

TX HB1592

Relating to the establishment of an interim registry for certain persons who have been accused of employee misconduct and are employed by a facility that provides care to individuals with an intellectual disability.