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Can I collect gender information from participants in Texas? What are the requirements?

Based on the provided context documents, you can collect gender information from participants in Texas, subject to certain requirements.

Requirements for Collecting Gender Information in Texas

  1. Public Information Act: Gender information collected will be subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code [1.1]([1.2]:). Information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. Therefore, if you collect gender information, it will be considered public information and subject to disclosure unless a specific exception applies.
  2. Individually Identifiable Health Information: If the gender information is considered individually identifiable health information, you may ask the Texas Department of Human Services (DHS) to limit the uses and disclosures of the information more than the law requires [2.1]([1.3]:). DHS will use specific criteria to decide how much individually identifiable health information to disclose [2.3].
  3. Texas Community Development Block Grant (TxCDBG): If you are collecting gender information as part of a program that receives funding from the Texas Community Development Block Grant (TxCDBG), you must comply with all federal single audit requirements, including timely submission of Audit Certification Forms (ACF) [1.3]. Additionally, applications for TxCDBG funding must demonstrate financial capacity through compliance with the audit requirements in the Texas Local Government Code for the most recent fiscal year that ended at least nine months prior to the application deadline [1.3].
  4. Additional Public Hearing Requirements: If you are collecting gender information as part of a program that receives funding from TxCDBG, you must conduct public hearings in accordance with the requirements of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, including notice requirements [1.2]. Public hearings must be held at times and locations convenient to potential or actual beneficiaries and conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate.
  5. Citizen Participation Process: If you are collecting gender information as part of a program that receives funding from TxCDBG, you must develop and follow a detailed citizen participation plan that sets forth the community’s policies and procedures for citizen participation and must make the plan public [1.4]([2.3]:). The plan must provide for and encourage citizen participation, particularly by low and moderate-income persons who reside in slum or blighted areas and areas in which TxCDBG funds are proposed to be used. The plan must ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the community’s proposed and actual use of TxCDBG funds.

In summary, you can collect gender information from participants in Texas, subject to the Texas Public Information Act and other requirements. If you are collecting gender information as part of a program that receives funding from TxCDBG, you must comply with all federal single audit requirements, conduct public hearings, and develop a citizen participation plan. If the gender information is considered individually identifiable health information, you may ask the Texas Department of Human Services to limit the uses and disclosures of the information more than the law requires.

Source(s):
Jurisdiction

Texas