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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of juvenile justice information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.009, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (a-1) and |
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(c-1) to read as follows: |
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(a) For purposes of this section, information is |
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identifiable if the information contains a juvenile offender's name |
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or other personal identifiers or can, by virtue of sample size or |
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other factors, be reasonably interpreted as referring to a |
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particular juvenile offender. |
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(a-1) Except as provided by this section, identifiable |
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juvenile justice information collected and maintained by the Texas |
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Juvenile Justice Department for statistical and research purposes |
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is confidential information for the use of the department and may |
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not be disseminated by the department. |
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(c) The Texas Juvenile Justice Department may grant [the |
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following entities] access to identifiable juvenile justice |
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information: |
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(1) for research and statistical purposes or for any |
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other purpose approved by the department to: |
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(A) [(1)] criminal justice agencies as defined |
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by Section 411.082, Government Code; |
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(B) [(2)] the Texas Education Agency, as |
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authorized under Section 37.084, Education Code; |
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(C) [(3)] any agency under the authority of the |
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Health and Human Services Commission; or |
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(D) [(4)] the Department of Family and |
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Protective Services; or |
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(2) for a purpose beneficial to and approved by the |
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department to an individual or entity that: |
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(A) is working on a research or statistical |
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project that meets the requirements of and is approved by the |
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department; and |
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(B) has a specific agreement with the department |
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that: |
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(i) specifically authorizes access to |
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identifiable juvenile justice information; |
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(ii) limits the use of the information to |
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the purposes for which the information is given; |
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(iii) ensures the security and |
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confidentiality of the information; and |
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(iv) provides for sanctions if a |
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requirement imposed under Subparagraph (i), (ii), or (iii) is |
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violated [(5) a public or private university]. |
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(c-1) The Texas Juvenile Justice Department shall grant |
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access to juvenile justice information that is not identifiable |
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information for research or statistical purposes or for any other |
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purpose approved by the department to: |
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(1) criminal justice agencies as defined by Section |
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411.082, Government Code; |
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(2) the Texas Education Agency, as authorized under |
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Section 37.084, Education Code; |
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(3) any agency under the authority of the Health and |
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Human Services Commission; |
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(4) the Department of Family and Protective Services; |
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(5) a public or private university; or |
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(6) an individual or entity working on a research or |
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statistical project. |
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SECTION 2. Sections 58.009(d), (f), and (g), Family Code, |
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are repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |