| 1 | 1 | | 88R4519 EAS-D |
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| 2 | 2 | | By: Schatzline H.B. No. 2576 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a database containing certain records of children who |
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| 8 | 8 | | are not lawfully present in the United States. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 411, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter G-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER G-1. DATABASE CONTAINING CERTAIN RECORDS OF CHILDREN NOT |
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| 13 | 13 | | LAWFULLY PRESENT IN UNITED STATES |
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| 14 | 14 | | Sec. 411.161. DEFINITION. In this subchapter, "child" |
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| 15 | 15 | | means an individual who is younger than 18 years of age. |
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| 16 | 16 | | Sec. 411.162. FINGERPRINT RECORDS; INTERVIEWS. (a) An |
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| 17 | 17 | | employee of the department who is working as part of Operation Lone |
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| 18 | 18 | | Star or a successor operation conducted by the department shall: |
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| 19 | 19 | | (1) detain a child who the employee has reasonable |
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| 20 | 20 | | suspicion to believe is not lawfully present in the United States; |
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| 21 | 21 | | (2) obtain a complete set of fingerprints from the |
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| 22 | 22 | | child for purposes of including the fingerprint record in the |
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| 23 | 23 | | database described by Section 411.163; and |
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| 24 | 24 | | (3) conduct a wellness interview with the child to |
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| 25 | 25 | | ensure that the child is safe and not a victim of a trafficking |
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| 26 | 26 | | offense, and contact other appropriate state entities if the child |
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| 27 | 27 | | is not safe. |
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| 28 | 28 | | (b) An interview under Subsection (a)(3) must be conducted |
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| 29 | 29 | | outside the presence of any person accompanying the child at the |
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| 30 | 30 | | time the employee detains the child. |
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| 31 | 31 | | (c) A child may not be detained under this section for any |
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| 32 | 32 | | period longer than necessary to satisfy the requirements of |
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| 33 | 33 | | Subsections (a)(2) and (3). |
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| 34 | 34 | | Sec. 411.163. DATABASE. (a) The department shall |
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| 35 | 35 | | establish a database to store the records of fingerprints collected |
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| 36 | 36 | | under Section 411.162 and other information regarding the child's |
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| 37 | 37 | | identity and well-being. |
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| 38 | 38 | | (b) The department shall use the database to investigate the |
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| 39 | 39 | | frequency with which a child described by Section 411.162 has |
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| 40 | 40 | | entered the United States unlawfully through the international |
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| 41 | 41 | | border with Mexico. |
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| 42 | 42 | | (c) The director shall establish best practices for the |
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| 43 | 43 | | database. |
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| 44 | 44 | | (d) The department shall establish a process to ensure that |
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| 45 | 45 | | a child's record is removed from the database as soon as practicable |
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| 46 | 46 | | after a child is determined to be lawfully present in the United |
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| 47 | 47 | | States or on the 15th anniversary of the initial inclusion of the |
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| 48 | 48 | | record in the database, whichever date is earlier. |
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| 49 | 49 | | Sec. 411.164. ACCESS TO DATABASE. The director by rule |
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| 50 | 50 | | shall establish procedures to: |
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| 51 | 51 | | (1) prevent unauthorized access to the database; and |
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| 52 | 52 | | (2) release information maintained in the database. |
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| 53 | 53 | | SECTION 2. As soon as practicable after the effective date |
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| 54 | 54 | | of this Act, the Department of Public Safety shall establish the |
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| 55 | 55 | | database required by Subchapter G-1, Chapter 411, Government Code, |
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| 56 | 56 | | as added by this Act. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2023. |
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