BILL ANALYSIS

H.B. 804

By: Talarico

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Aggregated data from the Texas Juvenile Justice Department (TJJD) is used to better understand statewide trends in matters such as referrals, detentions, and post-adjudication placements of juveniles entering TJJD supervision. Historically, this data has not been considered confidential since it typically does not contain identifiable information, such as a juvenile offender's name or other personal identifiers. However, following certain legislative amendments to applicable law, TJJD has interpreted certain confidentiality provisions differently. H.B. 804 seeks to reinforce the previous interpretation by providing for the confidentiality of certain identifiable juvenile justice information collected and maintained by TJJD for certain purposes and by requiring TJJD to grant access to non-identifiable juvenile justice information to certain entities for research, statistics, or other approved purposes.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 804 amends the Family Code to specify that identifiable juvenile justice information collected and maintained by the Texas Juvenile Justice Department (TJJD) is confidential information and may not be disseminated by TJJD. The bill establishes that information is identifiable if the information contains a juvenile offender's name or other personal identifiers or can, by virtue of sample size or other factors, be reasonably interpreted as referring to a particular juvenile offender.

H.B. 804 authorizes TJJD to grant access to such information for a purpose beneficial to and approved by TJJD to an individual or entity that is working on a research or statistical project that meets TJJD requirements, has TJJD approval, and has a specific agreement with TJJD that does the following:

· specifically authorizes access to identifiable juvenile justice information;

· limits the use of the information to the purposes for which the information is given;

· ensures the security and confidentiality of the information; and

· provides for sanctions if an imposed requirement is violated.

The bill requires TJJD to grant access to juvenile justice information that is not identifiable information for research or statistical purposes or for any other purpose approved by TJJD to criminal justice agencies, the Texas Education Agency, any agency under the authority of the Health and Human Services Commission, the Department of Family and Protective Services, a public or private university, or an individual or entity working on a research or statistical project.

H.B. 804 repeals Sections 58.009(d), (f), and (g), Family Code.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.