Texas 2023 - 88th Regular

Texas Senate Bill SB1849 Compare Versions

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1	1	S.B. No. 1849
2	2
3	3
4	4	AN ACT
5	5	relating to an interagency reportable conduct search engine,
6	6	standards for a person's removal from the employee misconduct
7	7	registry and eligibility for certification as certain Texas
8	8	Juvenile Justice Department officers and employees, and the use of
9	9	certain information by certain state agencies to conduct background
10	10	checks.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 22.094(a), (b), and (e), Education
13	13	Code, are amended to read as follows:
14	14	(a) A person described by Section 22.093(b) and who is the
15	15	subject of a report that alleges misconduct described by Section
16	16	22.093(c)(1)(A) or (B) or who is identified as having engaged in
17	17	that misconduct using the interagency reportable conduct search
18	18	engine established under Chapter 810, Health and Safety Code, is
19	19	entitled to a hearing on the merits of the allegations of misconduct
20	20	under the procedures provided by Chapter 2001, Government Code, to
21	21	contest the allegation in the report or search engine.
22	22	(b) On receiving a report filed under Section 22.093(f) or
23	23	making an identification described by Subsection (a), the
24	24	commissioner shall promptly send to the person who is the subject of
25	25	the report or identification a notice that includes:
26	26	(1) a statement informing the person that the person
27	27	must request a hearing on the merits of the allegations of
28	28	misconduct within the period provided by Subsection (c);
29	29	(2) a request that the person submit a written
30	30	response within the period provided by Subsection (c) to show cause
31	31	why the commissioner should not pursue an investigation; and
32	32	(3) a statement informing the person that if the
33	33	person does not timely submit a written response to show cause as
34	34	provided by Subdivision (2), the agency shall provide information
35	35	indicating the person is under investigation in the manner provided
36	36	by Subsection (d).
37	37	(e) If a person entitled to a hearing under Subsection (a)
38	38	does not request a hearing as provided by Subsection (c), the
39	39	commissioner shall:
40	40	(1) based on the report filed under Section 22.093(f)
41	41	or the identification described by Subsection (a), make a
42	42	determination whether the person engaged in misconduct; and
43	43	(2) if the commissioner determines that the person
44	44	engaged in misconduct described by Section 22.093(c)(1)(A) or (B),
45	45	instruct the agency to add the person's name to the registry
46	46	maintained under Section 22.092.
47	47	SECTION 2. Section 253.010, Health and Safety Code, is
48	48	amended to read as follows:
49	49	Sec. 253.010. REMOVAL FROM REGISTRY. (a) The Health and
50	50	Human Services Commission [department] may remove a person from the
51	51	employee misconduct registry if, after receiving a written request
52	52	from the person, the commission [department] determines that the
53	53	person does not meet the requirements for inclusion in the employee
54	54	misconduct registry.
55	55	(b) The executive commissioner by rule may establish:
56	56	(1) criteria for a person to submit a request for
57	57	removal under Subsection (a); and
58	58	(2) a process for the Health and Human Services
59	59	Commission to determine whether the person meets the requirements
60	60	for inclusion in the employee misconduct registry.
61	61	SECTION 3. Title 9, Health and Safety Code, is amended by
62	62	adding Subtitle D to read as follows:
63	63	SUBTITLE D. INTERAGENCY SAFETY INITIATIVES
64	64	CHAPTER 810. INTERAGENCY REPORTABLE CONDUCT SEARCH ENGINE
65	65	Sec. 810.001. DEFINITIONS. In this chapter:
66	66	(1) "Client" means a child, an individual with a
67	67	disability, or an elderly individual receiving services or care
68	68	from a participating state agency, a designated user, or a facility
69	69	or entity that is licensed, certified, or otherwise regulated by a
70	70	participating state agency.
71	71	(2) "Department" means the Department of Information
72	72	Resources.
73	73	(3) "Designated user" means a person designated by the
74	74	department or a participating state agency under Section 810.004 to
75	75	use the search engine.
76	76	(4) "License" has the meaning assigned by Section
77	77	2001.003, Government Code.
78	78	(5) "Participating state agency" means a state agency
79	79	listed in Section 810.002.
80	80	(6) "Reportable conduct" means a participating state
81	81	agency's determination:
82	82	(A) that an individual engaged in abuse, neglect,
83	83	exploitation, or misconduct; and
84	84	(B) for which the agency has:
85	85	(i) provided any required notice or
86	86	opportunity to contest the determination; and
87	87	(ii) issued a final determination.
88	88	(7) "Search engine" means the interagency reportable
89	89	conduct search engine established under this chapter.
90	90	Sec. 810.002. APPLICABILITY. This chapter applies to the
91	91	following state agencies:
92	92	(1) the Department of Family and Protective Services;
93	93	(2) the Health and Human Services Commission;
94	94	(3) the Texas Education Agency; and
95	95	(4) the Texas Juvenile Justice Department.
96	96	Sec. 810.003. ESTABLISHMENT OF INTERAGENCY REPORTABLE
97	97	CONDUCT SEARCH ENGINE. (a) The department, in collaboration with
98	98	each participating state agency, shall establish an interagency
99	99	reportable conduct search engine for persons to search information
100	100	on reportable conduct in accordance with this chapter and rules
101	101	adopted under this chapter maintained by:
102	102	(1) the Department of Family and Protective Services
103	103	in the central registry established under Section 261.002, Family
104	104	Code;
105	105	(2) the Health and Human Services Commission in the
106	106	employee misconduct registry established under Chapter 253;
107	107	(3) the Texas Education Agency in the registry
108	108	established under Section 22.092, Education Code; and
109	109	(4) the Texas Juvenile Justice Department in the
110	110	integrated certification information system and in any informal
111	111	list the Texas Juvenile Justice Department maintains.
112	112	(b) The department shall ensure the search engine results
113	113	are machine-readable and accessible to each participating state
114	114	agency and designated users in accordance with this chapter for the
115	115	purpose of identifying individuals who may be ineligible for
116	116	employment, a contract, certification, or licensure based on
117	117	reportable conduct.
118	118	Sec. 810.004. ELIGIBILITY TO ACCESS SEARCH ENGINE; USER
119	119	CREDENTIALS. (a) The executive head of each participating state
120	120	agency shall designate agency employees or contractors who are
121	121	eligible to access the search engine and the agency's automation
122	122	systems to determine whether an individual has engaged in
123	123	reportable conduct.
124	124	(b) In addition to the eligible individuals described by
125	125	Subsection (a), each participating state agency shall designate
126	126	additional users who are eligible to access the search engine and
127	127	may require those users to determine whether an individual has
128	128	engaged in reportable conduct. The additional designated users may
129	129	include controlling persons, hiring managers, or administrators
130	130	of:
131	131	(1) licensed or certified long-term care providers,
132	132	including:
133	133	(A) home and community support services agencies
134	134	licensed under Chapter 142;
135	135	(B) nursing facilities licensed under Chapter
136	136	242;
137	137	(C) assisted living facilities licensed under
138	138	Chapter 247;
139	139	(D) prescribed pediatric extended care centers
140	140	licensed under Chapter 248A;
141	141	(E) intermediate care facilities for individuals
142	142	with an intellectual disability licensed under Chapter 252;
143	143	(F) state supported living centers, as defined by
144	144	Section 531.002; and
145	145	(G) day activity and health services facilities
146	146	licensed under Chapter 103, Human Resources Code;
147	147	(2) providers under a Section 1915(c) waiver program,
148	148	as defined by Section 531.001, Government Code;
149	149	(3) juvenile probation departments and registered
150	150	juvenile justice facilities;
151	151	(4) independent school districts, districts of
152	152	innovation, open-enrollment charter schools, other charter
153	153	entities, as defined by Section 21.006, Education Code, regional
154	154	education service centers, education shared services arrangements,
155	155	or any other educational entity or provider that is authorized to
156	156	access the registry established under Section 22.092, Education
157	157	Code;
158	158	(5) private schools that:
159	159	(A) offer a course of instruction for students
160	160	in this state in one or more grades from prekindergarten through
161	161	grade 12; and
162	162	(B) are:
163	163	(i) accredited by an organization
164	164	recognized by the Texas Education Agency or the Texas Private
165	165	School Accreditation Commission;
166	166	(ii) listed in the database of the
167	167	National Center for Education Statistics of the United States
168	168	Department of Education; or
169	169	(iii) otherwise authorized by Texas
170	170	Education Agency rule to access the search engine; and
171	171	(6) nonprofit teacher organizations approved by the
172	172	commissioner of education for the purpose of participating in the
173	173	tutoring program established under Section 33.913, Education Code.
174	174	(c) The department and each participating state agency
175	175	shall develop a process to issue user credentials to each
176	176	designated user that authorizes the user to access the search
177	177	engine. The process must require the revocation of user
178	178	credentials for a person who is no longer eligible to access the
179	179	search engine.
180	180	Sec. 810.005. INFORMATION ACCESSIBLE THROUGH SEARCH
181	181	ENGINE; ADDITIONAL INFORMATION SHARING. (a) For each individual
182	182	identified by a participating state agency as having engaged in
183	183	reportable conduct, the search engine results for that individual
184	184	must include:
185	185	(1) the individual's full name;
186	186	(2) at least one of the following:
187	187	(A) the individual's date of birth; or
188	188	(B) the last four digits of the individual's
189	189	social security number;
190	190	(3) at least one of the following:
191	191	(A) information relevant to determining whether
192	192	the individual is eligible for employment, a contract,
193	193	certification, or licensure; or
194	194	(B) the type or a description of the reportable
195	195	conduct;
196	196	(4) any available date on which:
197	197	(A) the reportable conduct occurred; or
198	198	(B) a final determination was issued on the
199	199	reportable conduct; and
200	200	(5) the participating state agency that maintains the
201	201	reportable conduct information.
202	202	(b) An individual who engaged in reportable conduct that
203	203	requires the individual's inclusion in search engine results is not
204	204	entitled to notice or an opportunity for a hearing before the
205	205	individual's information is included in the search engine results
206	206	or shared with the department, a participating state agency, or a
207	207	designated user in accordance with this chapter and rules adopted
208	208	under this chapter.
209	209	(c) A participating state agency may share with other
210	210	participating agencies additional information on an individual
211	211	included in search engine results to supplement the information
212	212	contained in those results for purposes authorized under this
213	213	chapter.
214	214	Sec. 810.006. REQUIRED SEARCH QUERY AND USE OF SEARCH
215	215	ENGINE RESULTS. (a) Each participating state agency and
216	216	designated user shall conduct a search query using the search
217	217	engine to determine whether an individual who may have access to a
218	218	client has engaged in reportable conduct and, if the individual has
219	219	engaged in reportable conduct, whether the individual is ineligible
220	220	for:
221	221	(1) employment, a volunteer position, or a contract
222	222	with the agency, the user, or a facility or entity licensed,
223	223	certified, or otherwise regulated by the agency; or
224	224	(2) licensure or certification by the agency in a
225	225	profession or for the operation of a facility or entity that the
226	226	agency regulates.
227	227	(b) A participating state agency's or designated user's
228	228	determination under Subsection (a) that an individual is ineligible
229	229	for employment, a volunteer position, a contract, a license, or a
230	230	certification must be based on standards authorized or required by
231	231	law, including agency rules.
232	232	(c) A participating state agency or designated user must
233	233	conduct a search query required under Subsection (a) before the
234	234	agency or user employs, places in a volunteer position, enters into
235	235	a contract with, or issues a license or certification to an
236	236	individual. Each participating state agency by rule shall
237	237	establish procedures for conducting periodic search queries using
238	238	the search engine to monitor whether an individual the agency or a
239	239	designated user employs, places in a volunteer position, contracts
240	240	with, or issues a license or certification to engages in reportable
241	241	conduct.
242	242	(d) Each participating state agency, including the Texas
243	243	Education Agency in collaboration with the State Board for Educator
244	244	Certification, by rule may:
245	245	(1) authorize an individual who is determined to have
246	246	engaged in reportable conduct to be employed or placed in a
247	247	volunteer position by, enter into a contract with, or receive a
248	248	license or certification from the agency or a designated user in
249	249	accordance with standards prescribed by agency rules and as
250	250	otherwise permitted by law; and
251	251	(2) prescribe the manner in which information
252	252	contained in search engine results may be used based on:
253	253	(A) the nature of the reportable conduct;
254	254	(B) the date the reportable conduct occurred;
255	255	(C) the severity of the reportable conduct; and
256	256	(D) any other factors the agency determines
257	257	necessary.
258	258	(e) Notwithstanding any provision of this chapter, a
259	259	private school is not required to conduct search queries using the
260	260	search engine for the purposes described by this chapter.
261	261	Sec. 810.007. NOTICE AND HEARING. (a) A participating
262	262	state agency or designated user that does not enter into a contract
263	263	with or issue a license or certification to an individual based on a
264	264	determination of the individual's ineligibility under Section
265	265	810.006 shall notify the individual of that determination.
266	266	(b) Each participating state agency may provide an
267	267	individual to whom notice is provided under this section an
268	268	opportunity for a hearing regarding the determination of the
269	269	individual's ineligibility under Section 810.006 on the
270	270	individual's written request. The hearing must be conducted in
271	271	accordance with Chapter 2001, Government Code.
272	272	(c) Notwithstanding any other law, in a hearing conducted
273	273	under this section a participating state agency:
274	274	(1) is not required to prove that an individual
275	275	engaged in reportable conduct; and
276	276	(2) must prove by a preponderance of the evidence that
277	277	an individual is ineligible under Section 810.006.
278	278	Sec. 810.008. OFFICE OF INTERAGENCY COORDINATION ON
279	279	REPORTABLE CONDUCT. (a) The Office of Interagency Coordination on
280	280	Reportable Conduct is established within the Department of Family
281	281	and Protective Services to facilitate:
282	282	(1) coordination among the department and each
283	283	participating state agency in administering this chapter; and
284	284	(2) communication between the department, each
285	285	participating state agency, designated users, interested persons,
286	286	and the public regarding any relevant search engine information.
287	287	(b) The Department of Family and Protective Services, in
288	288	collaboration with the department and each other participating
289	289	state agency, shall adopt rules on the establishment and operation
290	290	of the Office of Interagency Coordination on Reportable Conduct.
291	291	Sec. 810.009. MEMORANDUM OF UNDERSTANDING. The department
292	292	and each participating state agency shall enter into a memorandum
293	293	of understanding on the implementation and administration of this
294	294	chapter. The memorandum must specify each agency's roles and
295	295	duties with respect to establishing and maintaining the search
296	296	engine.
297	297	Sec. 810.010. CONFIDENTIALITY. Information contained in
298	298	search engine results and additional information shared by a
299	299	participating state agency under Section 810.005(c), including
300	300	documents, is confidential and not subject to disclosure under
301	301	Chapter 552, Government Code.
302	302	SECTION 4. Section 42.056(b), Human Resources Code, is
303	303	amended to read as follows:
304	304	(b) The department shall conduct background checks using:
305	305	(1) the information provided under Subsection (a);
306	306	(2) the information made available by the Department
307	307	of Public Safety under Section 411.114, Government Code, or by the
308	308	Federal Bureau of Investigation or other criminal justice agency
309	309	under Section 411.087, Government Code;
310	310	(3) the department's records of reported abuse and
311	311	neglect; [and]
312	312	(4) any other registry, repository, or database
313	313	required by federal law;
314	314	(5) any information provided by the Texas Juvenile
315	315	Justice Department under a memorandum of understanding; and
316	316	(6) the interagency reportable conduct search engine
317	317	established under Chapter 810, Health and Safety Code.
318	318	SECTION 5. Section 42.159(c), Human Resources Code, is
319	319	amended to read as follows:
320	320	(c) The department shall conduct background and criminal
321	321	history checks using:
322	322	(1) the information provided under Subsection (a) or
323	323	(b), as applicable;
324	324	(2) the information made available by the Department
325	325	of Public Safety under Section 411.114, Government Code, or by the
326	326	Federal Bureau of Investigation or other criminal justice agency
327	327	under Section 411.087, Government Code; [and]
328	328	(3) the department's records of reported abuse and
329	329	neglect;
330	330	(4) any information provided by the Texas Juvenile
331	331	Justice Department under a memorandum of understanding; and
332	332	(5) the interagency reportable conduct search engine
333	333	established under Chapter 810, Health and Safety Code.
334	334	SECTION 6. Section 42.206(c), Human Resources Code, is
335	335	amended to read as follows:
336	336	(c) The department shall conduct background and criminal
337	337	history checks using:
338	338	(1) the information provided under Subsection (a) or
339	339	(b), as applicable;
340	340	(2) the information made available by the Department
341	341	of Public Safety under Section 411.114, Government Code, or by the
342	342	Federal Bureau of Investigation or another criminal justice agency
343	343	under Section 411.087, Government Code; [and]
344	344	(3) the department's records of reported abuse and
345	345	neglect;
346	346	(4) any information provided by the Texas Juvenile
347	347	Justice Department under a memorandum of understanding; and
348	348	(5) the interagency reportable conduct search engine
349	349	established under Chapter 810, Health and Safety Code.
350	350	SECTION 7. The heading to Section 222.053, Human Resources
351	351	Code, is amended to read as follows:
352	352	Sec. 222.053. REVOCATION OR SUSPENSION OF CERTIFICATION OR
353	353	PROVISIONAL CERTIFICATION.
354	354	SECTION 8. Section 222.053, Human Resources Code, is
355	355	amended by adding Subsection (f) to read as follows:
356	356	(f) In this section, "certification" includes a provisional
357	357	certification.
358	358	SECTION 9. Subchapter B, Chapter 222, Human Resources Code,
359	359	is amended by adding Section 222.054 to read as follows:
360	360	Sec. 222.054. CERTIFICATION OR PROVISIONAL CERTIFICATION
361	361	INELIGIBILITY. (a) In this section, "certification" includes a
362	362	provisional certification.
363	363	(b) The department may designate as permanently ineligible
364	364	for certification under this chapter an individual who has been
365	365	terminated from employment with the department for engaging in
366	366	conduct that demonstrates the individual is not suitable for
367	367	certification under this chapter.
368	368	(c) The executive director may convene, in person or
369	369	telephonically, a panel of three board members to determine if a
370	370	former department employee's continued eligibility to obtain a
371	371	certification under this chapter threatens juveniles in the
372	372	juvenile justice system. If the panel determines an individual's
373	373	eligibility for certification threatens juveniles in the juvenile
374	374	justice system, the department shall temporarily designate the
375	375	individual as ineligible for certification until an administrative
376	376	hearing is held under Subsection (d). The hearing must be held as
377	377	soon as possible following the temporary designation. The
378	378	executive director may convene a panel under this subsection only
379	379	if the danger posed by the person's continued eligibility for
380	380	certification is imminent. The panel may hold a telephonic meeting
381	381	only if immediate action is required and convening the panel at one
382	382	location is inconvenient for any member of the panel.
383	383	(d) A person is entitled to a hearing before the State
384	384	Office of Administrative Hearings if the department proposes to
385	385	designate a person as permanently ineligible for certification.
386	386	(e) A person may appeal a ruling or order issued under this
387	387	section to a district court in the county in which the person
388	388	resides or in Travis County. The standard of review is under the
389	389	substantial evidence rule.
390	390	SECTION 10. (a) In this section, "search engine" means the
391	391	interagency reportable conduct search engine established under
392	392	Chapter 810, Health and Safety Code, as added by this Act.
393	393	(b) As soon as practicable after the effective date of this
394	394	Act, the Department of Information Resources shall collaborate with
395	395	the Department of Family and Protective Services, the Health and
396	396	Human Services Commission, the Texas Education Agency, and the
397	397	Texas Juvenile Justice Department to establish the search engine as
398	398	required by Chapter 810, Health and Safety Code, as added by this
399	399	Act.
400	400	(c) The establishment of the search engine may take place in
401	401	phases in accordance with an implementation plan developed by the
402	402	state agencies listed under Subsection (b) of this section in
403	403	collaboration with the Office of Interagency Coordination on
404	404	Reportable Conduct established under Section 810.008, Health and
405	405	Safety Code, as added by this Act. The implementation plan may
406	406	include a pilot phase.
407	407	(d) At the conclusion of the implementation plan described
408	408	by Subsection (c) of this section, each state agency and other
409	409	persons authorized to use the search engine shall use the search
410	410	engine as required by Chapter 810, Health and Safety Code, as added
411	411	by this Act.
412	412	SECTION 11. As soon as practicable after the effective date
413	413	of this Act, the commissioner of the Department of Family and
414	414	Protective Services, the executive commissioner of the Health and
415	415	Human Services Commission, the commissioner of education, and the
416	416	Texas Juvenile Justice Board shall adopt rules as necessary to
417	417	implement the changes in law made by this Act.
418	418	SECTION 12. This Act takes effect September 1, 2023.
419	419	______________________________ ______________________________
420	420	President of the Senate Speaker of the House
421	421	I hereby certify that S.B. No. 1849 passed the Senate on
422	422	April 11, 2023, by the following vote: Yeas 31, Nays 0; and that
423	423	the Senate concurred in House amendment on May 19, 2023, by the
424	424	following vote: Yeas 31, Nays 0.
425	425	______________________________
426	426	Secretary of the Senate
427	427	I hereby certify that S.B. No. 1849 passed the House, with
428	428	amendment, on May 17, 2023, by the following vote: Yeas 143,
429	429	Nays 0, one present not voting.
430	430	______________________________
431	431	Chief Clerk of the House
432	432	Approved:
433	433	______________________________
434	434	Date
435	435	______________________________
436	436	Governor