Bill Text: TX HB2576 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a database containing certain records of children who are not lawfully present in the United States.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to State Affairs [HB2576 Detail]
Download: Texas-2023-HB2576-Introduced.html
| 88R4519 EAS-D | ||
| By: Schatzline | H.B. No. 2576 | |
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| 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 G-1 to read as follows: | ||
| SUBCHAPTER G-1. DATABASE CONTAINING CERTAIN RECORDS OF CHILDREN NOT | ||
| LAWFULLY PRESENT IN UNITED STATES | ||
| Sec. 411.161. DEFINITION. In this subchapter, "child" | ||
| means an individual who is younger than 18 years of age. | ||
| Sec. 411.162. 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 411.163; 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. 411.163. DATABASE. (a) The department shall | ||
| establish a database to store the records of fingerprints collected | ||
| under Section 411.162 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 411.162 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. 411.164. 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 G-1, Chapter 411, Government Code, | ||
| as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
