88R11944 JG-D
 
  By: Noble H.B. No. 4236
 
 
 
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.