89th Legislature Regular Session

SB 1524

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 1524 amends Section 42.042 of the Texas Human Resources Code to impose new restrictions on the collection and use of information about weapons in agency foster homes. Specifically, the bill prohibits the Health and Human Services Commission (HHSC), the Department of Family and Protective Services (DFPS), and any child-placing agency under state contract from requiring foster families to disclose the types of weapons—particularly firearms—present in their home. It also prevents these entities from requiring foster families to notify them of any changes in weapon types within the household.

Additionally, the bill limits how weapon-related information may be used if it is already in the possession of a state agency or contractor. Under the proposed law, such information can only be used to determine whether weapons are present in the home—not for any other evaluative, regulatory, or punitive purpose. To reinforce this limitation, the bill declares all information about the types of weapons in a foster home confidential and not subject to public disclosure under the Texas Public Information Act (Chapter 552, Government Code).

To ensure compliance, SB 1524 introduces a civil penalty provision. If a child-placing agency unlawfully uses or demands specific weapon-related information, it may be subject to a civil fine of up to $5,000 per violation. The Attorney General of Texas is granted the authority to bring actions to enforce these penalties. The bill is framed as a privacy and constitutional rights measure to protect foster families from unnecessary government intrusion.

Author
Mayes Middleton
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1524 is not expected to have a significant fiscal impact on the state. The bill limits the authority of the Department of Family and Protective Services (DFPS), the Health and Human Services Commission (HHSC), and contracted child-placing agencies to collect or use detailed information about weapons in foster homes. While it introduces a civil penalty of up to $5,000 per violation and allows the Attorney General to enforce these penalties, the actual revenue generated from such fines is indeterminate.

The fiscal note indicates that the involved state agencies—including DFPS, HHSC, the Office of the Attorney General, and the Comptroller of Public Accounts—can implement the bill’s provisions within their existing budgets. This includes any administrative adjustments needed to ensure compliance, update protocols, and potentially engage in enforcement activity should violations occur.

Furthermore, no fiscal implications are anticipated for local governments. This means counties, municipalities, or other local jurisdictions are not expected to bear additional costs or responsibilities as a result of the bill's enactment. Overall, the fiscal burden of this legislation is minimal, and its implementation can be absorbed by current agency resources.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 1524 based on its strong alignment with core liberty principles, limited fiscal impact, and clear legislative intent to protect foster families' privacy without compromising child safety. The bill, as filed, amends Section 42.042 of the Human Resources Code to prohibit the Department of Family and Protective Services (DFPS), the Health and Human Services Commission (HHSC), and child-placing agencies under contract with the state from requiring foster parents to disclose the specific types of weapons in their homes. It also restricts how such information may be used if obtained and provides that it remains confidential under public records law​.

The author’s statement of intent emphasizes a balance between constitutional rights—particularly the Second Amendment and privacy rights—and the responsibility to maintain safety in foster care placements. By removing requirements that could deter qualified, responsible gun-owning Texans from becoming foster parents, the bill encourages broader participation in the foster care system while preventing excessive state surveillance of personal property. Additionally, the bill introduces a civil penalty for violations and designates the Attorney General as the enforcement authority, ensuring accountability without creating a significant enforcement apparatus.

From a fiscal standpoint, the Legislative Budget Board has determined that the bill carries no significant cost to the state and that any implementation costs by DFPS, HHSC, or the Attorney General’s office can be absorbed within existing resources. Revenue from civil penalties is indeterminate but likely minimal, and there is no fiscal impact anticipated for local governments.

Taken together, the policy goal of strengthening individual liberty, the negligible fiscal burden, and the legislative clarity provided by the bill’s structure and intent justify a strong vote of support. SB 1524 respects both personal freedoms and public responsibilities, making it a sound and principled legislative proposal.

  • Individual Liberty: The bill significantly reinforces individual liberty by protecting the constitutional rights of foster parents, particularly their Second Amendment right to keep and bear arms and their general right to privacy. By prohibiting state agencies and contractors from requiring the disclosure of specific weapon types in foster homes, the bill ensures that foster families are not forced to surrender personal freedoms as a condition of participating in the foster care system. This action protects citizens from unnecessary and potentially intrusive government data collection, preserving the autonomy of individuals acting in good faith within their own homes.
  • Personal Responsibility: While the bill eliminates disclosure requirements, it does not absolve foster parents of their responsibility to store firearms safely or follow existing state laws regarding firearm possession and child safety. This respects the principle that individuals—not the state—bear the ultimate responsibility for managing their households, including both protecting children and safeguarding weapons. It assumes that foster parents can responsibly balance firearm ownership with child safety, reinforcing a culture of self-governance rather than external micromanagement.
  • Free Enterprise: Although not directly related to commercial enterprise, the bill may offer a marginal benefit by removing a regulatory burden from private child-placing agencies, freeing up resources for other mission-related activities. However, it does not alter market conditions or regulatory structures in a way that would significantly affect free enterprise.
  • Private Property Rights: Requiring disclosure of specific firearms or related equipment arguably infringes on the sanctity of private property. By prohibiting such requirements, the bill affirms that the state has no rightful claim to knowledge or control over what specific personal property—especially constitutionally protected property—is kept within private homes. This is particularly significant in the context of foster care, where individuals are voluntarily extending their homes to serve children under state care.
  • Limited Government: At its core, the bill is a restraint on government power. It imposes clear legal boundaries on what DFPS, HHSC, and affiliated child-placing agencies can demand and do with information about private citizens. It restricts data collection, prohibits misuse of collected data, and ensures confidentiality under the Public Information Act. The creation of a civil penalty and enforcement by the Attorney General adds a layer of accountability without expanding bureaucracy, demonstrating how government can be made more limited, yet still effective.

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