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.