Texas 2023 - 88th Regular

Texas House Bill HB4236 Compare Versions

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1	1	88R11944 JG-D
2	2	By: Noble H.B. No. 4236
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an interagency child protection
8	8	database.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 9, Health and Safety Code, is amended by
11	11	adding Subtitle D to read as follows:
12	12	SUBTITLE D. CHILD SAFETY
13	13	CHAPTER 810. INTERAGENCY CHILD PROTECTION DATABASE
14	14	Sec. 810.001. DEFINITIONS. In this chapter:
15	15	(1) "Database" means the interagency child protection
16	16	database established under this chapter.
17	17	(2) "Department" means the Department of Information
18	18	Resources.
19	19	(3) "Participating state agency" means a state agency
20	20	listed in Section 810.002.
21	21	(4) "Reportable conduct" means a finding by a state
22	22	agency to which this chapter applies:
23	23	(A) that an individual engaged in abuse, neglect,
24	24	exploitation, or misconduct; and
25	25	(B) for which a final determination has been
26	26	issued.
27	27	Sec. 810.002. APPLICABILITY. This chapter applies to the
28	28	following state agencies:
29	29	(1) the Department of Family and Protective Services;
30	30	(2) the Health and Human Services Commission;
31	31	(3) the Texas Education Agency; and
32	32	(4) the Texas Juvenile Justice Department.
33	33	Sec. 810.003. ESTABLISHMENT OF DATABASE. (a) The
34	34	department, in collaboration with each participating state agency,
35	35	shall establish an interagency child protection database to compile
36	36	and aggregate reportable conduct information maintained by:
37	37	(1) the Department of Family and Protective Services
38	38	in the central registry established under Section 261.002, Family
39	39	Code;
40	40	(2) the Health and Human Services Commission in the
41	41	employee misconduct registry established under Chapter 253;
42	42	(3) the Texas Education Agency in the registry
43	43	established under Section 22.092, Education Code; and
44	44	(4) the Texas Juvenile Justice Department in the
45	45	integrated certification information system.
46	46	(b) The department shall ensure the database is
47	47	machine-readable and accessible to each participating state agency
48	48	and to other eligible persons in accordance with this chapter for
49	49	the purpose of identifying individuals who may be ineligible for
50	50	employment or licensure based on reportable conduct.
51	51	Sec. 810.004. ELIGIBILITY TO ACCESS DATABASE; USER
52	52	CREDENTIALS. (a) The executive head of each participating state
53	53	agency shall designate agency employees or contractors who are
54	54	eligible to access information stored in the database to determine
55	55	whether an individual has engaged in reportable conduct that makes
56	56	the individual ineligible for:
57	57	(1) employment with the agency or an establishment
58	58	licensed by the agency; or
59	59	(2) licensure by the agency in a profession that the
60	60	agency regulates.
61	61	(b) In addition to the eligible individuals described by
62	62	Subsection (a), the department and each participating state agency
63	63	shall collaborate to designate additional persons who are eligible
64	64	to access information stored in the database to determine whether
65	65	an individual has engaged in reportable conduct that makes the
66	66	individual ineligible for employment with the person. The
67	67	designated persons must include:
68	68	(1) licensed child-care providers, including
69	69	child-care facilities licensed under Chapter 42, Human Resources
70	70	Code;
71	71	(2) licensed long-term care providers, including:
72	72	(A) nursing facilities licensed under Chapter
73	73	242;
74	74	(B) assisted living facilities licensed under
75	75	Chapter 247; and
76	76	(C) intermediate care facilities licensed under
77	77	Chapter 252;
78	78	(3) providers under a Section 1915(c) waiver program,
79	79	as defined by Section 531.001, Government Code;
80	80	(4) county juvenile justice departments; and
81	81	(5) independent school districts and charter schools.
82	82	(c) A person's determination under Subsection (a) or (b)
83	83	regarding the ineligibility of an individual for employment or
84	84	licensure must be based on standards authorized or required by law.
85	85	(d) The department and each participating state agency
86	86	shall develop a process to issue user credentials to each eligible
87	87	person described by this section that authorizes the person to
88	88	access information on reportable conduct stored in the database.
89	89	The process must require the revocation of user credentials for a
90	90	person who is no longer eligible to access information stored in the
91	91	database.
92	92	Sec. 810.005. INFORMATION STORED IN AND ACCESSIBLE THROUGH
93	93	DATABASE. (a) For each individual identified by a participating
94	94	state agency as having engaged in reportable conduct, the database
95	95	information for that individual must include:
96	96	(1) the individual's full name;
97	97	(2) the individual's date of birth;
98	98	(3) the last four digits of the individual's social
99	99	security number;
100	100	(4) a description of any reportable conduct in which
101	101	the individual engaged; and
102	102	(5) the date on which the reportable conduct occurred.
103	103	(b) An individual who engaged in reportable conduct that
104	104	requires the individual's inclusion in the database is not entitled
105	105	to notice or an opportunity for a hearing before the individual's
106	106	information is included in the database.
107	107	Sec. 810.006. MEMORANDUM OF UNDERSTANDING. The department
108	108	and each participating state agency shall enter into a memorandum
109	109	of understanding to implement this chapter. The memorandum must
110	110	specify each agency's roles and duties with respect to establishing
111	111	and maintaining the database.
112	112	Sec. 810.007. CONFIDENTIALITY. Information in or obtained
113	113	from the database, including documents, is confidential and not
114	114	subject to disclosure under Chapter 552, Government Code.
115	115	SECTION 2. As soon as practicable after the effective date
116	116	of this Act, the Department of Information Resources shall
117	117	collaborate with the Department of Family and Protective Services,
118	118	the Health and Human Services Commission, the Texas Education
119	119	Agency, and the Texas Juvenile Justice Department to establish the
120	120	interagency child protection database as required by Chapter 810,
121	121	Health and Safety Code, as added by this Act.
122	122	SECTION 3. This Act takes effect September 1, 2023.