Texas House Bill HB4236

Texas 2023 - 88th Regular

• Filed: 3/8/23

Caption

Relating to the establishment of an interagency child protection database.

Impact

The introduction of this bill is expected to significantly impact the procedures for employment and licensure within agencies that deal with child welfare and education. By providing authorized personnel access to comprehensive data on individuals with a history of reportable conduct, the bill aims to enhance the screening process for those working in sensitive positions involving children. The intention behind this legislative measure is to safeguard children by ensuring that those who could pose a risk due to past actions are identified effectively and questioned before being allowed employment or licensure.

Summary

House Bill 4236 aims to establish an interagency child protection database in Texas. This database is intended to compile and aggregate information regarding reportable conduct, which includes evidence of abuse, neglect, exploitation, or misconduct as determined by various state agencies. Key agencies involved in this initiative are the Department of Family and Protective Services, the Health and Human Services Commission, the Texas Education Agency, and the Texas Juvenile Justice Department. By creating this centralized database, the bill aspires to streamline access to critical information that can affect employment and licensure decisions in child-related sectors.

Sentiment

The sentiment around HB 4236 appears to be cautiously optimistic among supporters who recognize the importance of protecting children from potential abusers. Advocates argue that the establishment of an interagency database will foster a more secure environment for vulnerable populations. However, there may be concerns about privacy and the implications of labeling individuals based on past conduct, raising ethical questions about how data will be managed and what safeguards will be put in place to protect individuals' rights.

Contention

Notable points of contention surround the handling of sensitive information, such as the criteria for what constitutes reportable conduct and the lack of a requirement for an individual to be notified before their information is included in the database. Critics may raise concerns regarding the transparency of the database, the potential for misuse of information, and the long-term consequences for an individual’s employment opportunities, particularly for those who may have reformed. These factors contribute to heated discussions about balancing the necessity of child protection with the rights of individuals.

Texas Constitutional Statutes Affected

Family Code

• Chapter 2. The Marriage Relationship
  • Section: New Section

Human Resources Code

• Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
  • Section: New Section

Education Code

• Chapter 22. School District Employees And Volunteers
  • Section: New Section