88R11944 JG-D
By: Kolkhorst S.B. No. 1849
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an interagency child protection
database.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 9, Health and Safety Code, is amended by
adding Subtitle D to read as follows:
SUBTITLE D. CHILD SAFETY
CHAPTER 810. INTERAGENCY CHILD PROTECTION DATABASE
Sec. 810.001. DEFINITIONS. In this chapter:
(1) "Database" means the interagency child protection
database established under this chapter.
(2) "Department" means the Department of Information
Resources.
(3) "Participating state agency" means a state agency
listed in Section 810.002.
(4) "Reportable conduct" means a finding by a state
agency to which this chapter applies:
(A) that an individual engaged in abuse, neglect,
exploitation, or misconduct; and
(B) for which a final determination has been
issued.
Sec. 810.002. APPLICABILITY. This chapter applies to the
following state agencies:
(1) the Department of Family and Protective Services;
(2) the Health and Human Services Commission;
(3) the Texas Education Agency; and
(4) the Texas Juvenile Justice Department.
Sec. 810.003. ESTABLISHMENT OF DATABASE. (a) The
department, in collaboration with each participating state agency,
shall establish an interagency child protection database to compile
and aggregate reportable conduct information maintained by:
(1) the Department of Family and Protective Services
in the central registry established under Section 261.002, Family
Code;
(2) the Health and Human Services Commission in the
employee misconduct registry established under Chapter 253;
(3) the Texas Education Agency in the registry
established under Section 22.092, Education Code; and
(4) the Texas Juvenile Justice Department in the
integrated certification information system.
(b) The department shall ensure the database is
machine-readable and accessible to each participating state agency
and to other eligible persons in accordance with this chapter for
the purpose of identifying individuals who may be ineligible for
employment or licensure based on reportable conduct.
Sec. 810.004. ELIGIBILITY TO ACCESS DATABASE; USER
CREDENTIALS. (a) The executive head of each participating state
agency shall designate agency employees or contractors who are
eligible to access information stored in the database to determine
whether an individual has engaged in reportable conduct that makes
the individual ineligible for:
(1) employment with the agency or an establishment
licensed by the agency; or
(2) licensure by the agency in a profession that the
agency regulates.
(b) In addition to the eligible individuals described by
Subsection (a), the department and each participating state agency
shall collaborate to designate additional persons who are eligible
to access information stored in the database to determine whether
an individual has engaged in reportable conduct that makes the
individual ineligible for employment with the person. The
designated persons must include:
(1) licensed child-care providers, including
child-care facilities licensed under Chapter 42, Human Resources
Code;
(2) licensed long-term care providers, including:
(A) nursing facilities licensed under Chapter
242;
(B) assisted living facilities licensed under
Chapter 247; and
(C) intermediate care facilities licensed under
Chapter 252;
(3) providers under a Section 1915(c) waiver program,
as defined by Section 531.001, Government Code;
(4) county juvenile justice departments; and
(5) independent school districts and charter schools.
(c) A person's determination under Subsection (a) or (b)
regarding the ineligibility of an individual for employment or
licensure must be based on standards authorized or required by law.
(d) The department and each participating state agency
shall develop a process to issue user credentials to each eligible
person described by this section that authorizes the person to
access information on reportable conduct stored in the database.
The process must require the revocation of user credentials for a
person who is no longer eligible to access information stored in the
database.
Sec. 810.005. INFORMATION STORED IN AND ACCESSIBLE THROUGH
DATABASE. (a) For each individual identified by a participating
state agency as having engaged in reportable conduct, the database
information for that individual must include:
(1) the individual's full name;
(2) the individual's date of birth;
(3) the last four digits of the individual's social
security number;
(4) a description of any reportable conduct in which
the individual engaged; and
(5) the date on which the reportable conduct occurred.
(b) An individual who engaged in reportable conduct that
requires the individual's inclusion in the database is not entitled
to notice or an opportunity for a hearing before the individual's
information is included in the database.
Sec. 810.006. MEMORANDUM OF UNDERSTANDING. The department
and each participating state agency shall enter into a memorandum
of understanding to implement this chapter. The memorandum must
specify each agency's roles and duties with respect to establishing
and maintaining the database.
Sec. 810.007. CONFIDENTIALITY. Information in or obtained
from the database, including documents, is confidential and not
subject to disclosure under Chapter 552, Government Code.
SECTION 2. As soon as practicable after the effective date
of this Act, the Department of Information Resources shall
collaborate with the Department of Family and Protective Services,
the Health and Human Services Commission, the Texas Education
Agency, and the Texas Juvenile Justice Department to establish the
interagency child protection database as required by Chapter 810,
Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.