Bill Text: TX SB687 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the collection and use of certain information relating to child abuse and neglect and the provision of prevention and early intervention services; creating an offense.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2017-05-20 - 1 hr. notice-for reconsideration [SB687 Detail]
Download: Texas-2017-SB687-Comm_Sub.html
By: Uresti, et al. | S.B. No. 687 | |
(Rose) | ||
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relating to the collection and use of certain information relating | ||
to child abuse and neglect and the provision of prevention and early | ||
intervention services; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 265, Family Code, is | ||
amended by adding Sections 265.0041, 265.0042, 265.0043, 265.0044, | ||
and 265.0045 to read as follows: | ||
Sec. 265.0041. RISK MAPPING FOR PREVENTION AND EARLY | ||
INTERVENTION SERVICES. (a) The department may use risk mapping, | ||
including risk terrain modeling systems, predictive analytic | ||
systems, or geographic risk assessments, and may develop a system | ||
or assessment under Subsection (c) to: | ||
(1) identify geographic areas of the state that have a | ||
high incidence of child maltreatment and child fatalities resulting | ||
from abuse or neglect; | ||
(2) identify family dynamics and other factors that | ||
indicate a high risk of child maltreatment and child fatalities | ||
resulting from abuse or neglect; | ||
(3) offer opportunities to provide prevention | ||
services through voluntary services to individuals living in areas | ||
identified under Subdivision (1) and individuals who exhibit | ||
factors identified under Subdivision (2); and | ||
(4) guide decisions about the allocation of resources | ||
for prevention and early intervention programs and services. | ||
(b) The department may use data gathered or received under | ||
this section only as authorized by Section 265.0044. | ||
(c) The Health and Human Services Commission, on behalf of | ||
the department, may enter into agreements with institutions of | ||
higher education to develop or adapt, in coordination with the | ||
department, a risk terrain modeling system, a predictive analytic | ||
system, or a geographic risk assessment to be used for purposes of | ||
this section. | ||
Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER | ||
EDUCATION. (a) Subject to the availability of funds, the Health | ||
and Human Services Commission, on behalf of the department, shall | ||
enter into agreements with institutions of higher education to | ||
conduct efficacy reviews of any prevention and early intervention | ||
programs that have not previously been evaluated for effectiveness | ||
through a scientific research evaluation process. | ||
(b) Subject to the availability of funds, the department | ||
shall collaborate with an institution of higher education to create | ||
and track indicators of child well-being to determine the | ||
effectiveness of prevention and early intervention services. | ||
Sec. 265.0043. INTERAGENCY SHARING OF DATA FOR RISK | ||
MAPPING. Notwithstanding any other provision of law, state | ||
agencies, including the Texas Education Agency, the Texas Juvenile | ||
Justice Department, the Health and Human Services Commission, the | ||
Department of State Health Services, and the Department of Public | ||
Safety, shall disclose information relevant to preventing or | ||
reducing the risk factors for child abuse, neglect, or juvenile | ||
delinquency only to the division for the purpose of implementing | ||
Section 265.0041. | ||
Sec. 265.0044. RESTRICTIONS ON USE AND ACCESS. (a) A | ||
governmental entity may not use information gathered or received | ||
for the purposes of Section 265.0041 or 265.0042 that identifies or | ||
that could reasonably identify an individual or family to target | ||
the individual or family to provide involuntary intervention | ||
services or for any other purpose other than as authorized by | ||
Section 265.0041 or 265.0042, unless the governmental entity | ||
gathered or received the information under other authority. | ||
(b) A governmental entity that gathers or receives | ||
information for the purposes of Section 265.0041 or 265.0042 that | ||
identifies or that could reasonably identify an individual or | ||
family shall adopt rules to provide safeguards to ensure that: | ||
(1) the use or disclosure of the information is | ||
restricted to the purposes of Section 265.0041 or 265.0042; | ||
(2) only the minimum amount of information necessary | ||
to carry out the purposes of Section 265.0041 or 265.0042 is used or | ||
disclosed; and | ||
(3) only individuals with a justified and documented | ||
business need are authorized to access the information. | ||
(c) Except as provided by Subsection (d), information | ||
gathered or received for the purposes of Section 265.0041 or | ||
265.0042 is subject to all applicable state and federal laws and | ||
rules relating to privacy and access to the information. | ||
(d) Information collected for the purposes of Section | ||
265.0041 or 265.0042 is confidential and not subject to disclosure | ||
under Chapter 552, Government Code, or to disclosure in response to | ||
a subpoena and may not be released or made public except as provided | ||
by the rules adopted under this section. | ||
(e) The executive commissioner of the Health and Human | ||
Services Commission shall adopt rules relating to the use and | ||
disclosure of information gathered or received for the purposes of | ||
Section 265.0041 or 265.0042, including rules: | ||
(1) identifying persons who may receive the | ||
information; | ||
(2) creating security procedures to protect the | ||
information, including requiring the use of nondisclosure | ||
agreements; and | ||
(3) enacting any other restriction the executive | ||
commissioner determines is appropriate. | ||
Sec. 265.0045. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person uses or discloses information in violation of | ||
Section 265.0044 or a rule relating to the use or disclosure of | ||
information adopted under that section. | ||
(b) An offense under Subsection (a) is a state jail felony | ||
unless it is shown on the trial of the offense that the person has | ||
previously been convicted under this section, in which case the | ||
offense is a felony of the third degree. | ||
SECTION 2. This Act takes effect September 1, 2017. |