Texas 2023 - 88th Regular

Texas House Bill HB3765 Compare Versions

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11 H.B. No. 3765
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44 AN ACT
55 relating to the establishment of a supply of luggage by the
66 Department of Family and Protective Services for the transport of
77 the personal belongings of a foster child.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 263.008(b), Family Code, is amended to
1010 read as follows:
1111 (b) It is the policy of this state that each child in foster
1212 care be informed of the child's rights provided by state or federal
1313 law or policy that relate to:
1414 (1) abuse, neglect, exploitation, discrimination, and
1515 harassment;
1616 (2) food, clothing, shelter, and education;
1717 (3) luggage to transport the child's personal
1818 belongings;
1919 (4) medical, dental, vision, and mental health
2020 services, including the right of the child to consent to treatment;
2121 (5) [(4)] emergency behavioral intervention,
2222 including what methods are permitted, the conditions under which it
2323 may be used, and the precautions that must be taken when
2424 administering it;
2525 (6) [(5)] placement with the child's siblings and
2626 contact with members of the child's family;
2727 (7) [(6)] privacy and searches, including the use of
2828 storage space, mail, and the telephone;
2929 (8) [(7)] participation in school-related
3030 extracurricular or community activities;
3131 (9) [(8)] interaction with persons outside the foster
3232 care system, including teachers, church members, mentors, and
3333 friends;
3434 (10) [(9)] contact and communication with
3535 caseworkers, attorneys ad litem, guardians ad litem, and
3636 court-appointed special advocates;
3737 (11) [(10)] religious services and activities;
3838 (12) [(11)] confidentiality of the child's records;
3939 (13) [(12)] job skills, personal finances, and
4040 preparation for adulthood;
4141 (14) [(13)] participation in a court hearing that
4242 involves the child;
4343 (15) [(14)] participation in the development of
4444 service and treatment plans;
4545 (16) [(15)] if the child has a disability, the
4646 advocacy and protection of the rights of a person with that
4747 disability; and
4848 (17) [(16)] any other matter affecting the child's
4949 ability to receive care and treatment in the least restrictive
5050 environment that is most like a family setting, consistent with the
5151 best interests and needs of the child.
5252 SECTION 2. Subchapter B, Chapter 264, Family Code, is
5353 amended by adding Section 264.1078 to read as follows:
5454 Sec. 264.1078. LUGGAGE FOR FOSTER CHILDREN. (a) In this
5555 section, "luggage" means a suitcase, duffel bag, backpack, or
5656 similar container designed to hold an individual's personal
5757 belongings.
5858 (b) The department shall:
5959 (1) establish and maintain a decentralized supply of
6060 luggage to be used to transport a foster child's personal
6161 belongings; and
6262 (2) develop procedures for the storage and
6363 distribution of luggage.
6464 (c) The department shall provide luggage to a child who is
6565 being removed from the child's home or changing placement. Luggage
6666 provided to a child under this subsection belongs to the child and
6767 may not be reclaimed by the department or retained by the child's
6868 foster parent. The department is not required to provide new
6969 luggage under this subsection to a child who is changing placement
7070 and has the luggage previously provided by the department.
7171 (d) The department shall maintain a record of each time a
7272 trash bag is used to move a foster child's personal belongings. The
7373 record must include the reason the department did not provide the
7474 child with appropriate luggage to move the child's personal
7575 belongings.
7676 (e) The department shall submit an annual report to the
7777 legislature that includes a summary of:
7878 (1) the number of times a trash bag was used to
7979 transport a foster child's personal belongings and the reasons the
8080 department failed to provide the child with appropriate luggage;
8181 and
8282 (2) the department's supply inventory and inventory
8383 management practices for the luggage supply maintained under
8484 Subsection (b).
8585 (e-1) This subsection and Subsection (e) expire September
8686 1, 2025.
8787 (f) The department may solicit and accept gifts, grants, and
8888 donations of any kind and from any source for purposes of this
8989 section.
9090 SECTION 3. This Act takes effect September 1, 2023.
9191 ______________________________ ______________________________
9292 President of the Senate Speaker of the House
9393 I certify that H.B. No. 3765 was passed by the House on May 9,
9494 2023, by the following vote: Yeas 130, Nays 15, 2 present, not
9595 voting; and that the House concurred in Senate amendments to H.B.
9696 No. 3765 on May 19, 2023, by the following vote: Yeas 120, Nays 21,
9797 2 present, not voting.
9898 ______________________________
9999 Chief Clerk of the House
100100 I certify that H.B. No. 3765 was passed by the Senate, with
101101 amendments, on May 17, 2023, by the following vote: Yeas 27, Nays
102102 4.
103103 ______________________________
104104 Secretary of the Senate
105105 APPROVED: __________________
106106 Date
107107 __________________
108108 Governor