By: Harris of Anderson, et al.	H.B. No. 1229
	(Senate Sponsor - Birdwell)
	(In the Senate - Received from the House May 4, 2023;
	May 5, 2023, read first time and referred to Committee on Health &
	Human Services; May 19, 2023, reported favorably by the following
	vote:  Yeas 5, Nays 3; May 19, 2023, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the collection and confidentiality of information
	regarding firearms and ammunition in agency foster homes; creating
	a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 42.042, Human Resources Code, is amended
	by adding Subsections (e-6), (e-7), (e-8), (e-9), and (e-10) to
	read as follows:
	(e-6)  The commission, the department, and a child-placing
	agency that contracts with the department may not require an agency
	foster home to:
	(1)  disclose the specific types of firearms and
	ammunition that are present in the home; or
	(2)  notify the child-placing agency if there is any
	change in the types of firearms and ammunition that are present in
	the home.
	(e-7)  If the commission, the department, or a child-placing
	agency that contracts with the department has or obtains
	information relating to the types of firearms and ammunition that
	are present in an agency foster home, the commission, department,
	or child-placing agency may not use that information for any
	purpose other than determining whether there are firearms or
	ammunition present in the home.
	(e-8)  A child-placing agency that violates Subsection (e-7)
	is liable to the state for a civil penalty in an amount not to exceed
	$5,000 for each violation. The attorney general may bring an action
	to recover a civil penalty authorized under this subsection.
	(e-9)  Information relating to the types of firearms and
	ammunition that are present in an agency foster home is
	confidential and is not subject to disclosure under Chapter 552,
	Government Code.
	(e-10)  Subsections (e-6), (e-7), and (e-9) may not be
	construed to limit the ability of the commission or a child-placing
	agency to determine the presence of weapons and to verify the
	appropriate storage of weapons in accordance with the standards
	adopted under Subsection (e-1).
	SECTION 2.  This Act takes effect September 1, 2023.
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