| 1 | 1 | | By: Harris of Anderson, et al. H.B. No. 1229 |
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| 2 | 2 | | (Senate Sponsor - Birdwell) |
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| 3 | 3 | | (In the Senate - Received from the House May 4, 2023; |
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| 4 | 4 | | May 5, 2023, read first time and referred to Committee on Health & |
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| 5 | 5 | | Human Services; May 19, 2023, reported favorably by the following |
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| 6 | 6 | | vote: Yeas 5, Nays 3; May 19, 2023, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the collection and confidentiality of information |
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| 13 | 13 | | regarding firearms and ammunition in agency foster homes; creating |
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| 14 | 14 | | a civil penalty. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 42.042, Human Resources Code, is amended |
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| 17 | 17 | | by adding Subsections (e-6), (e-7), (e-8), (e-9), and (e-10) to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | (e-6) The commission, the department, and a child-placing |
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| 20 | 20 | | agency that contracts with the department may not require an agency |
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| 21 | 21 | | foster home to: |
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| 22 | 22 | | (1) disclose the specific types of firearms and |
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| 23 | 23 | | ammunition that are present in the home; or |
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| 24 | 24 | | (2) notify the child-placing agency if there is any |
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| 25 | 25 | | change in the types of firearms and ammunition that are present in |
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| 26 | 26 | | the home. |
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| 27 | 27 | | (e-7) If the commission, the department, or a child-placing |
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| 28 | 28 | | agency that contracts with the department has or obtains |
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| 29 | 29 | | information relating to the types of firearms and ammunition that |
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| 30 | 30 | | are present in an agency foster home, the commission, department, |
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| 31 | 31 | | or child-placing agency may not use that information for any |
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| 32 | 32 | | purpose other than determining whether there are firearms or |
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| 33 | 33 | | ammunition present in the home. |
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| 34 | 34 | | (e-8) A child-placing agency that violates Subsection (e-7) |
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| 35 | 35 | | is liable to the state for a civil penalty in an amount not to exceed |
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| 36 | 36 | | $5,000 for each violation. The attorney general may bring an action |
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| 37 | 37 | | to recover a civil penalty authorized under this subsection. |
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| 38 | 38 | | (e-9) Information relating to the types of firearms and |
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| 39 | 39 | | ammunition that are present in an agency foster home is |
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| 40 | 40 | | confidential and is not subject to disclosure under Chapter 552, |
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| 41 | 41 | | Government Code. |
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| 42 | 42 | | (e-10) Subsections (e-6), (e-7), and (e-9) may not be |
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| 43 | 43 | | construed to limit the ability of the commission or a child-placing |
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| 44 | 44 | | agency to determine the presence of weapons and to verify the |
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| 45 | 45 | | appropriate storage of weapons in accordance with the standards |
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| 46 | 46 | | adopted under Subsection (e-1). |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 48 | 48 | | * * * * * |
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