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AN ACT
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relating to the confidentiality of certain records maintained by a |
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victims of trafficking shelter center and the creation of minimum |
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standards for certain facilities that provide services to victims |
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of trafficking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 552.138, Government Code, |
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is amended to read as follows: |
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Sec. 552.138. EXCEPTION: CONFIDENTIALITY OF FAMILY |
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VIOLENCE SHELTER CENTER, VICTIMS OF TRAFFICKING SHELTER CENTER, AND |
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SEXUAL ASSAULT PROGRAM INFORMATION. |
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SECTION 2. Section 552.138(a), Government Code, is amended |
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by adding Subdivision (3) to read as follows: |
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(3) "Victims of trafficking shelter center" means: |
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(A) a program that: |
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(i) is operated by a public or private |
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nonprofit organization; and |
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(ii) provides comprehensive residential |
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and nonresidential services to persons who are victims of |
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trafficking under Section 20A.02, Penal Code; or |
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(B) a child-placing agency, as defined by Section |
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42.002, Human Resources Code, that provides services to persons who |
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are victims of trafficking under Section 20A.02, Penal Code. |
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SECTION 3. Sections 552.138(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) Information maintained by a family violence shelter |
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center, victims of trafficking shelter center, or sexual assault |
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program is excepted from the requirements of Section 552.021 if it |
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is information that relates to: |
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(1) the home address, home telephone number, or social |
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security number of an employee or a volunteer worker of a family |
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violence shelter center, victims of trafficking shelter center, or |
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[a] sexual assault program, regardless of whether the employee or |
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worker complies with Section 552.024; |
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(2) the location or physical layout of a family |
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violence shelter center or victims of trafficking shelter center; |
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(3) the name, home address, home telephone number, or |
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numeric identifier of a current or former client of a family |
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violence shelter center, victims of trafficking shelter center, or |
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sexual assault program; |
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(4) the provision of services, including counseling |
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and sheltering, to a current or former client of a family violence |
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shelter center, victims of trafficking shelter center, or sexual |
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assault program; |
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(5) the name, home address, or home telephone number |
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of a private donor to a family violence shelter center, victims of |
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trafficking shelter center, or sexual assault program; or |
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(6) the home address or home telephone number of a |
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member of the board of directors or the board of trustees of a |
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family violence shelter center, victims of trafficking shelter |
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center, or sexual assault program, regardless of whether the board |
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member complies with Section 552.024. |
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(c) A governmental body may redact information maintained |
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by a family violence shelter center, victims of trafficking shelter |
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center, or sexual assault program that may be withheld under |
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Subsection (b)(1) or (6) from any information the governmental body |
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discloses under Section 552.021 without the necessity of requesting |
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a decision from the attorney general under Subchapter G. |
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SECTION 4. Section 42.042, Human Resources Code, is amended |
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by adding Subsection (g-2) to read as follows: |
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(g-2) The executive commissioner by rule shall adopt |
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minimum standards that apply to general residential operations that |
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provide comprehensive residential and nonresidential services to |
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persons who are victims of trafficking under Section 20A.02, Penal |
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Code. In adopting the minimum standards under this subsection, the |
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executive commissioner shall consider: |
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(1) the special circumstances and needs of victims of |
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trafficking of persons; and |
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(2) the role of the general residential operations in |
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assisting and supporting victims of trafficking of persons. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2725 was passed by the House on April |
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25, 2013, by the following vote: Yeas 136, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2725 on May 20, 2013, by the following vote: Yeas 147, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2725 was passed by the Senate, with |
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amendments, on May 17, 2013, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |