ELIGIBILITY TO ACCESS SEARCH ENGINE; USER CREDENTIALS.
Tex. HEALTH & SAFETY Code § 810.004.
in effect(a) The executive head of each participating state agency shall designate agency employees or contractors who are eligible to access the search engine and the agency's automation systems to determine whether an individual has engaged in reportable conduct.
(b) In addition to the eligible individuals described by Subsection (a), each participating state agency shall designate additional users who are eligible to access the search engine and may require those users to determine whether an individual has engaged in reportable conduct. The additional designated users may include controlling persons, hiring managers, or administrators of:
(1) licensed or certified long-term care providers, including:
(A) home and community support services agencies licensed under Chapter 142 ;
(B) nursing facilities licensed under Chapter 242 ;
(C) assisted living facilities licensed under Chapter 247 ;
(D) prescribed pediatric extended care centers licensed under Chapter 248A ;
(E) intermediate care facilities for individuals with an intellectual disability licensed under Chapter 252 ;
(F) state supported living centers, as defined by Section 531.002 ; and
(G) day activity and health services facilities licensed under Chapter 103 , Human Resources Code;
(2) providers under a Section 1915(c) waiver program, as defined by Section 521.0001 , Government Code;
(3) juvenile probation departments and registered juvenile justice facilities;
(4) independent school districts, districts of innovation, open-enrollment charter schools, other charter entities, as defined by Section 22A.001 , Education Code, regional education service centers, education shared services arrangements, or any other educational entity or provider that is authorized to access the registry established under Section 22A.151 , Education Code;
(5) private schools that:
(A) offer a course of instruction for students in this state in one or more grades from prekindergarten through grade 12; and
(B) are:
(i) accredited by an organization recognized by the Texas Education Agency or the Texas Private School Accreditation Commission;
(ii) listed in the database of the National Center for Education Statistics of the United States Department of Education; or
(iii) otherwise authorized by Texas Education Agency rule to access the search engine; and
(6) nonprofit teacher organizations approved by the commissioner of education for the purpose of participating in the tutoring program established under Section 33.913 , Education Code.
(c) The department and each participating state agency shall develop a process to issue user credentials to each designated user that authorizes the user to access the search engine. The process must require the revocation of user credentials for a person who is no longer eligible to access the search engine.
Added by Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849 ), Sec. 3, eff. September 1, 2023.