88R4352 ADM-D
 
  By: Talarico H.B. No. 804
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of juvenile justice information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 58.009, Family Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (a-1) and
  (c-1) to read as follows:
         (a)  For purposes of this section, 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.
         (a-1)  Except as provided by this section, identifiable
  juvenile justice information collected and maintained by the Texas
  Juvenile Justice Department for statistical and research purposes
  is confidential information for the use of the department and may
  not be disseminated by the department.
         (c)  The Texas Juvenile Justice Department may grant [the
  following entities] access to identifiable juvenile justice
  information:
               (1)  for research and statistical purposes or for any
  other purpose approved by the department to:
                     (A) [(1)]  criminal justice agencies as defined
  by Section 411.082, Government Code;
                     (B) [(2)]  the Texas Education Agency, as
  authorized under Section 37.084, Education Code;
                     (C) [(3)]  any agency under the authority of the
  Health and Human Services Commission; or
                     (D) [(4)]  the Department of Family and
  Protective Services; or
               (2)  for a purpose beneficial to and approved by the
  department to an individual or entity that:
                     (A)  is working on a research or statistical
  project that meets the requirements of and is approved by the
  department; and
                     (B)  has a specific agreement with the department
  that:
                           (i)  specifically authorizes access to
  identifiable juvenile justice information;
                           (ii)  limits the use of the information to
  the purposes for which the information is given;
                           (iii)  ensures the security and
  confidentiality of the information; and
                           (iv)  provides for sanctions if a
  requirement imposed under Subparagraph (i), (ii), or (iii) is
  violated [(5) a public or private university].
         (c-1)  The Texas Juvenile Justice Department shall grant
  access to juvenile justice information that is not identifiable
  information for research or statistical purposes or for any other
  purpose approved by the department to:
               (1)  criminal justice agencies as defined by Section
  411.082, Government Code;
               (2)  the Texas Education Agency, as authorized under
  Section 37.084, Education Code;
               (3)  any agency under the authority of the Health and
  Human Services Commission;
               (4)  the Department of Family and Protective Services;
               (5)  a public or private university; or
               (6)  an individual or entity working on a research or
  statistical project.
         SECTION 2.  Sections 58.009(d), (f), and (g), Family Code,
  are repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.