TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 702. GENERAL ADMINISTRATION
SUBCHAPTER
O.
The Department of Family and Protective Services (DFPS) proposes new rules in Title 40, Texas Administrative Code (TAC), Part 19, Chapter 702, Subchapter O, relating to the creation of the Office of Interagency Coordination on Reportable Conduct (OICRC) to support the Search Engine for Multi-Agency Reportable Conduct (SEMARC).
BACKGROUND AND PURPOSE
In the 88th Regular Legislative Session, Senate Bill 1849 passed establishing SEMARC. SEMARC is an interagency search engine to help participating state agencies identify individuals with a history of reportable work conduct. Reportable conduct is defined in Section 810.001 of the Health and Safety Code. This tool aims to prevent individuals from being present in work roles where they could harm vulnerable populations, such as DFPS clients.
SECTION-BY-SECTION SUMMARY
Proposed new §702.1401 describes the establishment and operation of the newly statutorily created DFPS Office of Interagency Coordination on Reportable Conduct (OICRC).
Proposed new §702.1403 defines reportable conduct, what constitutes a DFPS final determination, and who reportable conduct applies to.
Proposed new §702.1405 describes when DFPS will conduct search queries using SEMARC to determine whether a proposed employee, volunteer, contractor, or other individual as listed in the rule engaged in reportable conduct and what DFPS does when there is a SEMARC match.
FISCAL NOTE
Lea Ann Biggar, Chief Financial Officer, has determined that for each year of the first five years that the section(s) will be in effect, there will be fiscal implications to state government as a result of enforcing and administering the new sections. There will be no effect on local government.
GOVERNMENT GROWTH IMPACT STATEMENT
DFPS has determined that during the first five years that the section(s) will be in effect:
(1) the new rule(s) will create or eliminate a government program;
(2) implementation of the new rule(s) will create new employee positions;
(3) implementation of the new rule(s) will require an increase in future legislative appropriations;
(4) the new rule(s) will not affect fees paid to the agency;
(5) the new rule(s) will create a new rule;
(6) the new rule(s) will not expand, limit, or repeal an existing rule;
(7) the new rule(s) will increase the number of individuals subject to the rule; and
(8) the new rule(s) will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Ms. Biggar has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule does not apply to small or micro-businesses, or rural communities.
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT
There are no anticipated economic costs to persons who are required to comply with the section(s) as proposed.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these new rules because DFPS is exempt per subsection (c) of §2001.0045.
PUBLIC BENEFIT
Vicki Kozikoujekian, DFPS General Counsel, has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that the safety of children in care will be improved.
TAKINGS IMPACT ASSESSMENT
DFPS has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
DFPS invites comments on the new rule proposals. DFPS requests information related to the cost, benefit, or effect of the proposed new rules, including any applicable data, research, or analysis. To be considered, comments, questions, and information must be submitted no later than 30 days after the date of this issue to the Texas Register.
Electronic comments and questions may be submitted to Katharine Bradley, Policy Attorney at kathryn.bradley@dfps.texas.gov or RULES@dfps.texas.gov. Hard copy comments may be submitted to the DFPS Rules Coordinator, Legal Services Sanjuanita Maltos, Department of Family and Protective Services E-611, P.O. Box 149030, Austin, Texas 78714-9030.
STATUTORY AUTHORITY
The new rules are proposed under Human Resources Code §40.027, which provides that the Department of Family and Protective Services commissioner shall oversee the development of rules relating to the matter within the department's jurisdiction and notwithstanding any other law, shall adopt rules for the operation and provision of services by the department.
Additionally, Health and Safety Code Chapter 810 requires DFPS to create rules regarding the operation of the OICRC and periodic search queries using SEMARC.
CROSS REFERENCE TO STATUTES
The proposed new rules implement Texas Health and Safety Code Chapter 810.
§702.1401.
The Office of Interagency Coordination on Reportable Conduct (OICRC) within the Texas Department of Family and Protective Services (DFPS) is responsible for the administration and coordination of the Search Engine for Multi-Agency Reportable Conduct (SEMARC) program through the following actions:
(1) Implementing and coordinating a committee of participating state agencies through a Memorandum of Understanding (MOU) to strategize, plan activities, and resolve issues regarding the SEMARC program;
(2) Serving as a subject matter expert for the SEMARC program;
(3) Serving as the central point of contact to coordinate support for legislative, media, and general inquiries regarding SEMARC data, processes, and implementation;
(4) Coordinating the development and documentation of processes for data sharing and the exchange of records; and
(5) Partnering with DFPS Information Technology Services to ensure performance and ongoing management of the SEMARC program, in coordination with other participating agencies.
§702.1403.
(a) Reportable Conduct means a participating state agency's determination:
(1) That an individual committed abuse, neglect, exploitation, or misconduct; and
(2) For which the participating state agency has issued a final determination.
(b) A DFPS final determination is when an individual has waived or exhausted all due process rights, including an administrative review and/or a due process hearing, and any subsequent right of appeal.
(c) Reportable Conduct does not apply to DFPS determinations resulting from investigations where the subject of the investigation is:
(1) A child's parent, guardian, managing or possessory conservator;
(2) A member of the child's family or household as defined in Texas Family Code, Chapter 71; or
(3) A person with whom the child's parent cohabits.
§702.1405.
(a) DFPS Background Checks conducts Reportable Conduct searches through SEMARC for individuals seeking positions that have access to DFPS clients or resources under DFPS programs. Individuals include:
(1) Prospective and current DFPS employees;
(2) Prospective and current Single Source Continuum Contractors (SSCC) employees;
(3) Contractors or grantees who provide services to populations served by DFPS or who have direct access or direct contact to DFPS clients, participants, or resources;
(4) DFPS volunteers; and
(5) Individuals needing external access to DFPS data, systems and networks.
(b) A waiver of any Reportable Conduct search through SEMARC must be approved by the Commissioner, or the Commissioner's designee, to ensure the waiver does not conflict with state or federal law.
(c) DFPS Background Checks conducts Reportable Conduct renewal searches as follows:
(1) For contractors, no later than every 24 months from the request date of the previous background check; and
(2) For DFPS employees, volunteers, SSCC employees, and individuals with external access, no later than every 12 months from the date of the previous request.
(d) DFPS Background Checks will bar an individual and will not conduct a risk assessment under subsection (e) of this section if the individual described in subsection (a) of this section has Reportable Conduct identified through SEMARC that involves:
(1) Sexual abuse or sexual exploitation;
(2) Engaging in, soliciting, or attempting to engage in a romantic or sexual relationship with a student or minor;
(3) Inappropriate relationships or other conduct demonstrating boundary violations; and
(4) Physical abuse, including physical misconduct or the use of physical restraints that result in physical harm, within the last five years of the Reportable Conduct.
(e) If subsection (d) of this section does not apply and Reportable Conduct is identified in SEMARC, DFPS Background Checks will complete a risk assessment. Elements considered in a risk assessment include, but are not limited to:
(1) The type and severity of the Reportable Conduct;
(2) The length of time since the incident;
(3) Any prior history of misconduct;
(4) The roles and responsibilities of the position regarding clients and DFPS resources;
(5) Evidence of rehabilitation; and
(6) Potential safety risks to clients or resources.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 13, 2026.
TRD-202602012
Sanjuanita Maltos
Rules Coordinator
Department of Family and Protective Services
Earliest possible date of adoption: June 28, 2026
For further information, please call: (512) 945-5978