By: Uresti, et al. S.B. No. 687
(Rose)
A BILL TO BE ENTITLED
AN ACT
relating to the collection and use of certain information relating
to child abuse and neglect and the provision of prevention and early
intervention services; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 265, Family Code, is
amended by adding Sections 265.0041, 265.0042, 265.0043, 265.0044,
and 265.0045 to read as follows:
Sec. 265.0041. RISK MAPPING FOR PREVENTION AND EARLY
INTERVENTION SERVICES. (a) The department may use risk mapping,
including risk terrain modeling systems, predictive analytic
systems, or geographic risk assessments, and may develop a system
or assessment under Subsection (c) to:
(1) identify geographic areas of the state that have a
high incidence of child maltreatment and child fatalities resulting
from abuse or neglect;
(2) identify family dynamics and other factors that
indicate a high risk of child maltreatment and child fatalities
resulting from abuse or neglect;
(3) offer opportunities to provide prevention
services through voluntary services to individuals living in areas
identified under Subdivision (1) and individuals who exhibit
factors identified under Subdivision (2); and
(4) guide decisions about the allocation of resources
for prevention and early intervention programs and services.
(b) The department may use data gathered or received under
this section only as authorized by Section 265.0044.
(c) The Health and Human Services Commission, on behalf of
the department, may enter into agreements with institutions of
higher education to develop or adapt, in coordination with the
department, a risk terrain modeling system, a predictive analytic
system, or a geographic risk assessment to be used for purposes of
this section.
Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER
EDUCATION. (a) Subject to the availability of funds, the Health
and Human Services Commission, on behalf of the department, shall
enter into agreements with institutions of higher education to
conduct efficacy reviews of any prevention and early intervention
programs that have not previously been evaluated for effectiveness
through a scientific research evaluation process.
(b) Subject to the availability of funds, the department
shall collaborate with an institution of higher education to create
and track indicators of child well-being to determine the
effectiveness of prevention and early intervention services.
Sec. 265.0043. INTERAGENCY SHARING OF DATA FOR RISK
MAPPING. Notwithstanding any other provision of law, state
agencies, including the Texas Education Agency, the Texas Juvenile
Justice Department, the Health and Human Services Commission, the
Department of State Health Services, and the Department of Public
Safety, shall disclose information relevant to preventing or
reducing the risk factors for child abuse, neglect, or juvenile
delinquency only to the division for the purpose of implementing
Section 265.0041.
Sec. 265.0044. RESTRICTIONS ON USE AND ACCESS. (a) A
governmental entity may not use information gathered or received
for the purposes of Section 265.0041 or 265.0042 that identifies or
that could reasonably identify an individual or family to target
the individual or family to provide involuntary intervention
services or for any other purpose other than as authorized by
Section 265.0041 or 265.0042, unless the governmental entity
gathered or received the information under other authority.
(b) A governmental entity that gathers or receives
information for the purposes of Section 265.0041 or 265.0042 that
identifies or that could reasonably identify an individual or
family shall adopt rules to provide safeguards to ensure that:
(1) the use or disclosure of the information is
restricted to the purposes of Section 265.0041 or 265.0042;
(2) only the minimum amount of information necessary
to carry out the purposes of Section 265.0041 or 265.0042 is used or
disclosed; and
(3) only individuals with a justified and documented
business need are authorized to access the information.
(c) Except as provided by Subsection (d), information
gathered or received for the purposes of Section 265.0041 or
265.0042 is subject to all applicable state and federal laws and
rules relating to privacy and access to the information.
(d) Information collected for the purposes of Section
265.0041 or 265.0042 is confidential and not subject to disclosure
under Chapter 552, Government Code, or to disclosure in response to
a subpoena and may not be released or made public except as provided
by the rules adopted under this section.
(e) The executive commissioner of the Health and Human
Services Commission shall adopt rules relating to the use and
disclosure of information gathered or received for the purposes of
Section 265.0041 or 265.0042, including rules:
(1) identifying persons who may receive the
information;
(2) creating security procedures to protect the
information, including requiring the use of nondisclosure
agreements; and
(3) enacting any other restriction the executive
commissioner determines is appropriate.
Sec. 265.0045. CRIMINAL PENALTY. (a) A person commits an
offense if the person uses or discloses information in violation of
Section 265.0044 or a rule relating to the use or disclosure of
information adopted under that section.
(b) An offense under Subsection (a) is a state jail felony
unless it is shown on the trial of the offense that the person has
previously been convicted under this section, in which case the
offense is a felony of the third degree.
SECTION 2. This Act takes effect September 1, 2017.