88R10126 MLH-F
By: Noble H.B. No. 3204
A BILL TO BE ENTITLED
AN ACT
relating to the central registry of names of individuals found to
have abused or neglected a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.002, Family Code, is amended by
amending Subsection (b) and adding Subsections (d), (e), and (f) to
read as follows:
(b) The executive commissioner shall adopt rules necessary
to carry out this section. The rules shall:
(1) prohibit the department from making a finding of
abuse or neglect against a person in a case in which the department
is named managing conservator of a child who has a severe emotional
disturbance only because the child's family is unable to obtain
mental health services for the child;
(2) establish guidelines for reviewing the records in
the registry and removing those records in which the department was
named managing conservator of a child who has a severe emotional
disturbance only because the child's family was unable to obtain
mental health services for the child;
(3) require the department to remove a person's name
from the central registry maintained under this section not later
than the 10th business day after the date the department receives
notice that a finding of abuse and neglect against the person is
overturned in:
(A) an administrative review or an appeal of the
review conducted under Section 261.309(c);
(B) a review or an appeal of the review conducted
by the office of consumer affairs of the department; or
(C) a hearing or an appeal conducted by the State
Office of Administrative Hearings; [and]
(4) require the department to update any relevant
department files to reflect an overturned finding of abuse or
neglect against a person not later than the 10th business day after
the date the finding is overturned in a review, hearing, or appeal
described by Subdivision (3); and
(5) establish guidelines for providing access to the
registry to entities as required by Subsection (d).
(d) The department shall provide access to the central
registry maintained under this section to:
(1) a facility, home, or agency:
(A) licensed, certified, registered, or listed
under Chapter 42, Human Resources Code; or
(B) exempt from the licensing requirements under
Section 42.041(b), Human Resources Code;
(2) an independent school district;
(3) an open-enrollment charter school; and
(4) a private school accredited by an organization
recognized by:
(A) the Texas Education Agency; or
(B) the Texas Private School Accreditation
Commission.
(e) A state agency that maintains records of abuse and
neglect findings, including the Texas Education Agency, shall:
(1) provide a copy of the records to the department;
and
(2) not later than the 10th day after the date a state
agency receives a record of an abuse or neglect finding, provide a
copy of the record to the department.
(f) The department shall include information from a record
provided under Subsection (e) in the central registry under this
section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.