By:  Patterson, J.                                     S.B. No. 204
       73R1759 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the inspection of certain law-enforcement records and
    1-3  files of a child who is a party to a juvenile court proceeding.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 51.14, Family Code, is amended by
    1-6  amending Subsection (d) and adding Subsection (g) to read as
    1-7  follows:
    1-8        (d)  Except for files and records relating to a charge for
    1-9  which a child is transferred under Section 54.02 of this code to a
   1-10  criminal court for prosecution, the law-enforcement files and
   1-11  records are not open to public inspection nor may their contents be
   1-12  disclosed to the public, but inspection of the files and records is
   1-13  permitted by:
   1-14              (1)  a juvenile court having the child before it in any
   1-15  proceeding;
   1-16              (2)  an attorney for a party to the proceeding; <and>
   1-17              (3)  law-enforcement officers when necessary for the
   1-18  discharge of their official duties; and
   1-19              (4)  a chief administrative officer of a public school
   1-20  or an employee of the school as provided by Subsection (g) of this
   1-21  section.
   1-22        (g)  On the written request of the chief administrative
   1-23  official of a public school in which a child is enrolled, a
   1-24  law-enforcement agency shall, subject to Subsection (d) of this
    2-1  section:
    2-2              (1)  withdraw from the child's file and records any
    2-3  document or portion of a document relating to an offense involving
    2-4  the possession or consumption of alcoholic beverages or narcotic
    2-5  drugs; and
    2-6              (2)  allow the official or an employee of the school
    2-7  designated by the official to inspect the document or portion of
    2-8  the document.
    2-9        SECTION 2.  This Act takes effect September 1, 1993, and
   2-10  applies to the inspection of the law-enforcement files and records
   2-11  of a child under Section 51.14, Family Code, on or after that date
   2-12  without regard to whether the proceedings under Title 3, Family
   2-13  Code, relating to the child commenced before, on, or after that
   2-14  date.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency   and   an   imperative   public   necessity   that   the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.