By: Uresti  S.B. No. 687          (In the Senate - Filed January 31, 2017; February 15, 2017,   read first time and referred to Committee on Health & Human   Services; April 24, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   April 24, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 687 By:  Uresti     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.     * * * * *