H.B. No. 3765
AN ACT
relating to the establishment of a supply of luggage by the
Department of Family and Protective Services for the transport of
the personal belongings of a foster child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.008(b), Family Code, is amended to
read as follows:
(b) It is the policy of this state that each child in foster
care be informed of the child's rights provided by state or federal
law or policy that relate to:
(1) abuse, neglect, exploitation, discrimination, and
harassment;
(2) food, clothing, shelter, and education;
(3) luggage to transport the child's personal
belongings;
(4) medical, dental, vision, and mental health
services, including the right of the child to consent to treatment;
(5) [(4)] emergency behavioral intervention,
including what methods are permitted, the conditions under which it
may be used, and the precautions that must be taken when
administering it;
(6) [(5)] placement with the child's siblings and
contact with members of the child's family;
(7) [(6)] privacy and searches, including the use of
storage space, mail, and the telephone;
(8) [(7)] participation in school-related
extracurricular or community activities;
(9) [(8)] interaction with persons outside the foster
care system, including teachers, church members, mentors, and
friends;
(10) [(9)] contact and communication with
caseworkers, attorneys ad litem, guardians ad litem, and
court-appointed special advocates;
(11) [(10)] religious services and activities;
(12) [(11)] confidentiality of the child's records;
(13) [(12)] job skills, personal finances, and
preparation for adulthood;
(14) [(13)] participation in a court hearing that
involves the child;
(15) [(14)] participation in the development of
service and treatment plans;
(16) [(15)] if the child has a disability, the
advocacy and protection of the rights of a person with that
disability; and
(17) [(16)] any other matter affecting the child's
ability to receive care and treatment in the least restrictive
environment that is most like a family setting, consistent with the
best interests and needs of the child.
SECTION 2. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1078 to read as follows:
Sec. 264.1078. LUGGAGE FOR FOSTER CHILDREN. (a) In this
section, "luggage" means a suitcase, duffel bag, backpack, or
similar container designed to hold an individual's personal
belongings.
(b) The department shall:
(1) establish and maintain a decentralized supply of
luggage to be used to transport a foster child's personal
belongings; and
(2) develop procedures for the storage and
distribution of luggage.
(c) The department shall provide luggage to a child who is
being removed from the child's home or changing placement. Luggage
provided to a child under this subsection belongs to the child and
may not be reclaimed by the department or retained by the child's
foster parent. The department is not required to provide new
luggage under this subsection to a child who is changing placement
and has the luggage previously provided by the department.
(d) The department shall maintain a record of each time a
trash bag is used to move a foster child's personal belongings. The
record must include the reason the department did not provide the
child with appropriate luggage to move the child's personal
belongings.
(e) The department shall submit an annual report to the
legislature that includes a summary of:
(1) the number of times a trash bag was used to
transport a foster child's personal belongings and the reasons the
department failed to provide the child with appropriate luggage;
and
(2) the department's supply inventory and inventory
management practices for the luggage supply maintained under
Subsection (b).
(e-1) This subsection and Subsection (e) expire September
1, 2025.
(f) The department may solicit and accept gifts, grants, and
donations of any kind and from any source for purposes of this
section.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3765 was passed by the House on May 9,
2023, by the following vote: Yeas 130, Nays 15, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3765 on May 19, 2023, by the following vote: Yeas 120, Nays 21,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3765 was passed by the Senate, with
amendments, on May 17, 2023, by the following vote: Yeas 27, Nays
4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor