89th Legislature Regular Session

HB 451

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 451 is a child welfare and juvenile justice reform bill that enhances the screening process for children under the supervision of the State of Texas. The bill amends two key statutes: Section 266.012(a) of the Texas Family Code and Section 221.003(b) of the Texas Human Resources Code. Its primary objective is to ensure that children who are either in the conservatorship of the Department of Family and Protective Services (DFPS) or under the jurisdiction of a juvenile probation department are assessed for their risk of commercial sexual exploitation.

Under the proposed changes to the Family Code, children entering the conservatorship of DFPS must receive a developmentally appropriate comprehensive assessment within 45 days of intake. This assessment must now include a validated screening for trauma, interviews with individuals familiar with the child's needs, and a newly added component—a screening for commercial sexual exploitation. The screening must utilize an evidence-informed tool selected by the Child Sex Trafficking Prevention Unit established under Section 772.0062 of the Government Code. This screening is to be conducted if the child’s age and tool validation guidelines support it or if there are concerns regarding possible exploitation.

The Human Resources Code amendment mandates that all juvenile probation departments incorporate a similar commercial sexual exploitation risk screening into their risk and needs assessments. This assessment must also use a validated, evidence-informed tool chosen by the same Child Sex Trafficking Prevention Unit. These changes aim to standardize early detection across Texas’ major child-serving systems, improving the state's ability to identify and respond to potential trafficking cases. The bill is set to take effect on September 1, 2025, allowing time for systems implementation and training.

The originally filed version of HB 451 and the Committee Substitute share the same overall purpose: requiring risk screenings for commercial sexual exploitation of children who are either in foster care or under the jurisdiction of a juvenile probation department. However, there are notable differences in how the two versions frame and implement this requirement.

In the originally filed version, the bill amends Section 266.012(a) of the Family Code to mandate that a child in the conservatorship of the Department of Family and Protective Services receive a comprehensive assessment within 45 days, which must include: (1) a trauma screening, (2) a commercial sexual exploitation risk screening using a tool selected by the Child Sex Trafficking Prevention Unit, and (3) interviews with individuals knowledgeable about the child’s needs. This version places the commercial exploitation screening on equal footing with other required components of the assessment, making it universally applicable to all children in conservatorship without conditions.

By contrast, the Committee Substitute makes a key change by adding conditional language to the exploitation screening requirement. It specifies that the screening must only be administered if: (A) validation guidelines based on the child’s age indicate it is appropriate, or (B) concerns of commercial sexual exploitation exist. This introduces a more targeted and discretionary application of the screening, presumably to ensure it is developmentally appropriate and not overly burdensome or misapplied.

Additionally, in the originally filed version’s amendment to Section 221.003(b) of the Human Resources Code, the requirement for the exploitation screening in juvenile probation settings uses slightly more general language, requiring a “screening tool” (without requiring it to be validated) selected by the Child Sex Trafficking Prevention Unit. The substitute bill strengthens this by requiring a "validated, evidence-informed tool," aligning the standard across both systems with a more rigorous evidentiary foundation.

Overall, the substitute bill improves precision, emphasizes evidence-based practice, and incorporates flexibility based on the child’s developmental context while preserving the original bill’s intent to protect vulnerable children from sexual exploitation.
Author
Senfronia Thompson
Suleman Lalani
Co-Author
Aicha Davis
Maria Flores
Carrie Isaac
Penny Morales Shaw
Mihaela Plesa
Ana-Maria Ramos
Sponsor
Angela Paxton
Co-Sponsor
Cesar Blanco
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 451 are expected to result in a total estimated negative impact of $1,126,802 to General Revenue–Related Funds over the 2026–2027 biennium. The bill would require both the Department of Family and Protective Services (DFPS) and juvenile probation departments to implement validated, evidence-informed screenings for the risk of commercial sexual exploitation. The projected costs are front-loaded in the first two fiscal years—approximately $692,140 in 2026 and $434,662 in 2027—with no additional ongoing costs expected through 2030.

Most of the costs stem from technology upgrades needed for DFPS’s Information Management Protecting Children and Adults in Texas (IMPACT) system, which currently does not integrate the screening tools and relies on manual data entry. To address this, DFPS would contract system analysts to develop and embed the tool within IMPACT. Technology costs are estimated at $674,604 in FY2026 and $456,482 in FY2027, ensuring the agency can monitor and ensure compliance across its programs.

Additionally, the analysis anticipates that 28 DFPS and community-based care (CBC) contractor staff would need to become certified in using the screening tool, the Commercial Sexual Exploitation–Identification Tool (CSE-IT). Certification costs are minimal, estimated at $7,280 total in FY2026. While DFPS can train staff within its current appropriation, the need for certification adds a one-time expense.

Regarding local government impact, the fiscal note indicates uncertainty for juvenile probation departments. The costs to these departments will vary depending on whether they already conduct such assessments or would need to hire staff or adopt new tools. Some departments may already use the CSE-IT tool; others might require training or transition to a different screening method, potentially increasing their local burden. However, the Texas Juvenile Justice Department is expected to absorb any related costs within its existing appropriations.

Vote Recommendation Notes

HB 451 addresses a documented vulnerability in Texas's child welfare and juvenile justice systems by requiring targeted screening for the risk of commercial sexual exploitation. According to the bill analysis, nearly half of child sex trafficking victims have had involvement in the foster care system. Although the Department of Family and Protective Services (DFPS) currently uses a validated tool for children aged 10 and older, usage remains low, with only 386 screenings conducted in 2022. This reveals a significant gap between policy intent and operational reach.

The bill takes a pragmatic and liberty-conscious approach by requiring DFPS to conduct a commercial exploitation risk screening only if age-appropriate validation guidelines exist or if there are pre-existing concerns of exploitation. This conditionality ensures that screenings are both evidence-based and respectful of children's developmental needs. For children in the juvenile justice system, a similar mandate is placed on juvenile probation departments, requiring a validated, evidence-informed screening to be part of their standard risk and needs assessments.

From a liberty-oriented policy perspective, the bill advances individual liberty by working to protect children from coercion and harm—particularly within state systems entrusted with their care. It also reinforces limited government by relying on an existing, centralized authority (the Child Sex Trafficking Prevention Unit) to select the screening tools, avoiding redundancy or bureaucratic sprawl. While there is a fiscal impact—estimated at just over $1.1 million for the biennium—the expenditure is narrowly tailored to improve technological capacity and training without expanding government scope or overburdening local entities.

In summary, HB 451 responsibly balances cost, scope, and mission by filling a critical protection gap for vulnerable children in state care while remaining faithful to principles of limited, effective government and individual protection. As such, Texas Policy Research recommends that lawmakers vote YES on HB 451.

  • Individual Liberty: This bill directly supports individual liberty by aiming to protect some of Texas’s most vulnerable individuals—children in foster care and the juvenile justice system—from exploitation and trafficking. These populations often lack the capacity or circumstances to defend themselves, so the state's duty to safeguard their physical autonomy and freedom from coercion becomes crucial. By mandating screenings that can identify risks early and potentially prevent abuse, the bill promotes the liberty and dignity of those who are most at risk.
  • Personal Responsibility: While the bill does not impose obligations on private individuals, it reinforces institutional accountability. State agencies and local probation departments are held responsible for ensuring that children under their care are properly screened using tools that meet evidence-based standards. By formalizing this duty, the bill increases transparency and responsibility within the public systems tasked with child welfare and rehabilitation.
  • Free Enterprise: The bill has little to no direct effect on private enterprise or market competition. It does not introduce any new regulations or barriers to business activity. However, it could potentially create opportunities for private sector or nonprofit developers of validated screening tools or training programs if selected by the state, though that impact is incidental.
  • Private Property Rights: The bill does not relate to or affect ownership, use, or control of private property. It strictly pertains to child welfare and juvenile justice system procedures.
  • Limited Government: The bill represents a targeted and restrained use of state authority. Rather than establishing a new bureaucracy, it leverages existing structures—specifically the Child Sex Trafficking Prevention Unit—to select validated, evidence-informed screening tools. It also applies the screenings conditionally, based on age-appropriateness or existing concerns, preventing unnecessary or overly broad application. This narrow and efficient design reflects respect for limited government principles while ensuring essential protections are delivered where most needed.
Related Legislation
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