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) 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)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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