89R5110 EAS-D
By: Schatzline H.B. No. 1072
A BILL TO BE ENTITLED
AN ACT
relating to a database containing certain records of children who
are not lawfully present in the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. DATABASE CONTAINING CERTAIN RECORDS OF CHILDREN NOT
LAWFULLY PRESENT IN UNITED STATES
Sec. 411.551. DEFINITION. In this subchapter, "child"
means an individual who is younger than 18 years of age.
Sec. 411.552. FINGERPRINT RECORDS; INTERVIEWS. (a) An
employee of the department who is working as part of Operation Lone
Star or a successor operation conducted by the department shall:
(1) detain a child who the employee has reasonable
suspicion to believe is not lawfully present in the United States;
(2) obtain a complete set of fingerprints from the
child for purposes of including the fingerprint record in the
database described by Section 411.553; and
(3) conduct a wellness interview with the child to
ensure that the child is safe and not a victim of a trafficking
offense and contact other appropriate state entities if the child
is not safe.
(b) An interview under Subsection (a)(3) must be conducted
outside the presence of any person accompanying the child at the
time the employee detains the child.
(c) A child may not be detained under this section for any
period longer than necessary to satisfy the requirements of
Subsections (a)(2) and (3).
Sec. 411.553. DATABASE. (a) The department shall
establish a database to store the records of fingerprints collected
under Section 411.552 and other information regarding the child's
identity and well-being.
(b) The department shall use the database to investigate the
frequency with which a child described by Section 411.552 has
entered the United States unlawfully through the international
border with Mexico.
(c) The director shall establish best practices for the
database.
(d) The department shall establish a process to ensure that
a child's record is removed from the database as soon as practicable
after a child is determined to be lawfully present in the United
States or on the 15th anniversary of the initial inclusion of the
record in the database, whichever date is earlier.
Sec. 411.554. ACCESS TO DATABASE. The director by rule
shall establish procedures to:
(1) prevent unauthorized access to the database; and
(2) release information maintained in the database.
SECTION 2. As soon as practicable after the effective date
of this Act, the Department of Public Safety shall establish the
database required by Subchapter S, Chapter 411, Government Code,
as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.