Texas 2017 - 85th Regular

Texas Senate Bill SB687 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Uresti, et al. S.B. No. 687
2	2	(Rose)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection and use of certain information relating
8	8	to child abuse and neglect and the provision of prevention and early
9	9	intervention services; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 265, Family Code, is
12	12	amended by adding Sections 265.0041, 265.0042, 265.0043, 265.0044,
13	13	and 265.0045 to read as follows:
14	14	Sec. 265.0041. RISK MAPPING FOR PREVENTION AND EARLY
15	15	INTERVENTION SERVICES. (a) The department may use risk mapping,
16	16	including risk terrain modeling systems, predictive analytic
17	17	systems, or geographic risk assessments, and may develop a system
18	18	or assessment under Subsection (c) to:
19	19	(1) identify geographic areas of the state that have a
20	20	high incidence of child maltreatment and child fatalities resulting
21	21	from abuse or neglect;
22	22	(2) identify family dynamics and other factors that
23	23	indicate a high risk of child maltreatment and child fatalities
24	24	resulting from abuse or neglect;
25	25	(3) offer opportunities to provide prevention
26	26	services through voluntary services to individuals living in areas
27	27	identified under Subdivision (1) and individuals who exhibit
28	28	factors identified under Subdivision (2); and
29	29	(4) guide decisions about the allocation of resources
30	30	for prevention and early intervention programs and services.
31	31	(b) The department may use data gathered or received under
32	32	this section only as authorized by Section 265.0044.
33	33	(c) The Health and Human Services Commission, on behalf of
34	34	the department, may enter into agreements with institutions of
35	35	higher education to develop or adapt, in coordination with the
36	36	department, a risk terrain modeling system, a predictive analytic
37	37	system, or a geographic risk assessment to be used for purposes of
38	38	this section.
39	39	Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER
40	40	EDUCATION. (a) Subject to the availability of funds, the Health
41	41	and Human Services Commission, on behalf of the department, shall
42	42	enter into agreements with institutions of higher education to
43	43	conduct efficacy reviews of any prevention and early intervention
44	44	programs that have not previously been evaluated for effectiveness
45	45	through a scientific research evaluation process.
46	46	(b) Subject to the availability of funds, the department
47	47	shall collaborate with an institution of higher education to create
48	48	and track indicators of child well-being to determine the
49	49	effectiveness of prevention and early intervention services.
50	50	Sec. 265.0043. INTERAGENCY SHARING OF DATA FOR RISK
51	51	MAPPING. Notwithstanding any other provision of law, state
52	52	agencies, including the Texas Education Agency, the Texas Juvenile
53	53	Justice Department, the Health and Human Services Commission, the
54	54	Department of State Health Services, and the Department of Public
55	55	Safety, shall disclose information relevant to preventing or
56	56	reducing the risk factors for child abuse, neglect, or juvenile
57	57	delinquency only to the division for the purpose of implementing
58	58	Section 265.0041.
59	59	Sec. 265.0044. RESTRICTIONS ON USE AND ACCESS. (a) A
60	60	governmental entity may not use information gathered or received
61	61	for the purposes of Section 265.0041 or 265.0042 that identifies or
62	62	that could reasonably identify an individual or family to target
63	63	the individual or family to provide involuntary intervention
64	64	services or for any other purpose other than as authorized by
65	65	Section 265.0041 or 265.0042, unless the governmental entity
66	66	gathered or received the information under other authority.
67	67	(b) A governmental entity that gathers or receives
68	68	information for the purposes of Section 265.0041 or 265.0042 that
69	69	identifies or that could reasonably identify an individual or
70	70	family shall adopt rules to provide safeguards to ensure that:
71	71	(1) the use or disclosure of the information is
72	72	restricted to the purposes of Section 265.0041 or 265.0042;
73	73	(2) only the minimum amount of information necessary
74	74	to carry out the purposes of Section 265.0041 or 265.0042 is used or
75	75	disclosed; and
76	76	(3) only individuals with a justified and documented
77	77	business need are authorized to access the information.
78	78	(c) Except as provided by Subsection (d), information
79	79	gathered or received for the purposes of Section 265.0041 or
80	80	265.0042 is subject to all applicable state and federal laws and
81	81	rules relating to privacy and access to the information.
82	82	(d) Information collected for the purposes of Section
83	83	265.0041 or 265.0042 is confidential and not subject to disclosure
84	84	under Chapter 552, Government Code, or to disclosure in response to
85	85	a subpoena and may not be released or made public except as provided
86	86	by the rules adopted under this section.
87	87	(e) The executive commissioner of the Health and Human
88	88	Services Commission shall adopt rules relating to the use and
89	89	disclosure of information gathered or received for the purposes of
90	90	Section 265.0041 or 265.0042, including rules:
91	91	(1) identifying persons who may receive the
92	92	information;
93	93	(2) creating security procedures to protect the
94	94	information, including requiring the use of nondisclosure
95	95	agreements; and
96	96	(3) enacting any other restriction the executive
97	97	commissioner determines is appropriate.
98	98	Sec. 265.0045. CRIMINAL PENALTY. (a) A person commits an
99	99	offense if the person uses or discloses information in violation of
100	100	Section 265.0044 or a rule relating to the use or disclosure of
101	101	information adopted under that section.
102	102	(b) An offense under Subsection (a) is a state jail felony
103	103	unless it is shown on the trial of the offense that the person has
104	104	previously been convicted under this section, in which case the
105	105	offense is a felony of the third degree.
106	106	SECTION 2. This Act takes effect September 1, 2017.