| 1 | 1 | | 88R3218 BDP-D |
|---|
| 2 | 2 | | By: Birdwell S.B. No. 1165 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the collection and confidentiality of information |
|---|
| 8 | 8 | | regarding weapons in agency foster homes; creating a civil penalty. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 42.042, Human Resources Code, is amended |
|---|
| 11 | 11 | | by adding Subsections (e-6), (e-7), (e-8), and (e-9) to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | (e-6) The commission, the department, and a child-placing |
|---|
| 14 | 14 | | agency that contracts with the department may not require an agency |
|---|
| 15 | 15 | | foster home to: |
|---|
| 16 | 16 | | (1) disclose the specific types of weapons, including |
|---|
| 17 | 17 | | firearms, that are present in the home; or |
|---|
| 18 | 18 | | (2) notify the child-placing agency if there is any |
|---|
| 19 | 19 | | change in the types of weapons, including firearms, that are |
|---|
| 20 | 20 | | present in the home. |
|---|
| 21 | 21 | | (e-7) If the commission, the department, or a child-placing |
|---|
| 22 | 22 | | agency that contracts with the department has or obtains |
|---|
| 23 | 23 | | information relating to the types of weapons, including firearms, |
|---|
| 24 | 24 | | that are present in an agency foster home, the commission, |
|---|
| 25 | 25 | | department, or child-placing agency may not use that information |
|---|
| 26 | 26 | | for any purpose other than determining whether there are weapons |
|---|
| 27 | 27 | | present in the home. |
|---|
| 28 | 28 | | (e-8) A child-placing agency that violates Subsection (e-7) |
|---|
| 29 | 29 | | is liable to the state for a civil penalty in an amount not to exceed |
|---|
| 30 | 30 | | $5,000 for each violation. The attorney general may bring an action |
|---|
| 31 | 31 | | to recover a civil penalty authorized under this subsection. |
|---|
| 32 | 32 | | (e-9) Information relating to the types of weapons, |
|---|
| 33 | 33 | | including firearms, that are present in an agency foster home is |
|---|
| 34 | 34 | | confidential and is not subject to disclosure under Chapter 552, |
|---|
| 35 | 35 | | Government Code. |
|---|
| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|