By: Harris of Anderson, Noble, et al. H.B. No. 1229
A BILL TO BE ENTITLED
AN ACT
relating to the collection and confidentiality of information
regarding firearms and ammunition in agency foster homes; creating
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.042, Human Resources Code, is amended
by adding Subsections (e-6), (e-7), (e-8), (e-9), and (e-10) to
read as follows:
(e-6) The commission, the department, and a child-placing
agency that contracts with the department may not require an agency
foster home to:
(1) disclose the specific types of firearms and
ammunition that are present in the home; or
(2) notify the child-placing agency if there is any
change in the types of firearms and ammunition that are present in
the home.
(e-7) If the commission, the department, or a child-placing
agency that contracts with the department has or obtains
information relating to the types of firearms and ammunition that
are present in an agency foster home, the commission, department,
or child-placing agency may not use that information for any
purpose other than determining whether there are firearms or
ammunition present in the home.
(e-8) A child-placing agency that violates Subsection (e-7)
is liable to the state for a civil penalty in an amount not to exceed
$5,000 for each violation. The attorney general may bring an action
to recover a civil penalty authorized under this subsection.
(e-9) Information relating to the types of firearms and
ammunition that are present in an agency foster home is
confidential and is not subject to disclosure under Chapter 552,
Government Code.
(e-10) Subsections (e-6), (e-7), and (e-9) may not be
construed to limit the ability of the commission or a child-placing
agency to determine the presence of weapons and to verify the
appropriate storage of weapons in accordance with the standards
adopted under Subsection (e-1).
SECTION 2. This Act takes effect September 1, 2023.