By Turner of Harris                             H.B. No. 1278

      75R2998 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the confidentiality of certain physical records and

 1-3     files concerning a child.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 58.007, Family Code, is amended by

 1-6     amending Subsections (a) and (c) and adding Subsection (g) to read

 1-7     as follows:

 1-8           (a)  This section applies only to the inspection and

 1-9     maintenance of a physical record or file concerning a child,

1-10     including the name of the child and any photograph or visual image

1-11     of the child, and does not affect the collection, dissemination, or

1-12     maintenance of information as provided by Subchapter B.  This

1-13     section does not apply to a record or file relating to a child that

1-14     is required or authorized to be maintained under the laws

1-15     regulating the operation of motor vehicles in this state.

1-16           (c)  Except as provided by Subsection (d), law enforcement

1-17     records and files concerning a child shall:

1-18                 (1)  be kept separate from adult files and records;

1-19     [and]

1-20                 (2)  be maintained on a local basis only and not sent

1-21     to a central state or federal depository; and

1-22                 (3)  not be open to public inspection or disclosed to

1-23     the public unless the child has previously:

1-24                       (A)  been transferred under Section 54.02 to a

 2-1     district court or criminal district court for  criminal proceedings

 2-2     and the child has been convicted of the crime that was the subject

 2-3     of the transfer; or

 2-4                       (B)  escaped from a facility operated by the

 2-5     Texas Youth Commission.

 2-6           (g)  For purposes of Subsection (c)(3)(B), "escape" does not

 2-7     include a technical violation of rules relating to the security of

 2-8     the facility operated by the Texas Youth Commission, including

 2-9     tardiness or other brief, unexcused absences.

2-10           SECTION 2.  This Act applies to the inspection or disclosure

2-11     of information on or after the effective date of this Act without

2-12     regard to whether the information was compiled before, on, or after

2-13     that date.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended,

2-19     and that this Act take effect and be in force from and after its

2-20     passage, and it is so enacted.