Enrolled Bill Summary

Senate Bill 1106	Senate Author:  Harris et al.
Effective:  6-17-11	House Sponsor:  Madden

Senate Bill 1106 revises Family Code provisions relating to the interagency sharing of confidential information in the educational and noneducational records of  certain juveniles.  The bill requires an independent school district or a charter school, at the request of a juvenile service provider, to disclose to that provider confidential information contained in the student's educational records if the student has been lawfully taken into custody or referred to a juvenile court for allegedly engaging in delinquent conduct or conduct indicating a need for supervision, regardless of whether other state law makes that information confidential. A record of the disclosed information may not be destroyed by the disclosing district or school before the seventh anniversary of the disclosure.

Senate Bill 1106 requires a juvenile service provider, on request of another juvenile service provider for noneducational record information, to disclose to that provider a multi-system youth's personal health information or a history of governmental services provided to the multi-system youth and limits the purposes for which a juvenile service provider is authorized to disclose such information.

Senate Bill 1106 authorizes a juvenile service provider to establish an internal protocol for sharing both educational and noneducational record information with other juvenile service providers and to enter into a memorandum of understanding with another juvenile service provider to share information according to those protocols. The bill establishes the confidentiality of the educational and noneducational records shared between agencies and provides for the fee to be paid by a juvenile service provider that requests information to the disclosing juvenile service provider.

Senate Bill 1106 specifies that the Texas Department of Public Safety is not prohibited from disseminating information contained in the juvenile justice information system to a county, justice, or municipal court exercising jurisdiction over a juvenile. The bill makes a videotaped interview of a child made at a children's advocacy center subject to state disclosure and evidence law and requires a court to deny any request by a defendant to reproduce a videotape of such an interview, provided that the prosecuting attorney makes the videotape reasonably available to the defendant in the same manner as property or material constituting child pornography may be made available to defendants, attorneys, and expert witnesses.

Senate Bill 1106 amends the Education Code and the Health and Safety Code to make conforming changes.