By Harris                                        S.B. No. 791

      75R4312 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of a juvenile probation department to

 1-3     obtain certain information from a court relating to a child under

 1-4     the department's supervision.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 142, Human Resources Code, is amended by

 1-7     adding Section 142.005 to read as follows:

 1-8           Sec. 142.005.  AGREEMENT WITH COURT TO OBTAIN CERTAIN

 1-9     INFORMATION.  (a)  A juvenile probation department may enter into

1-10     an agreement with a juvenile, justice, or municipal court in which

1-11     the court shall notify the probation department when a child under

1-12     the supervision of the department is:

1-13                 (1)  adjudicated as having engaged in conduct that

1-14     violates a penal law of the grade of misdemeanor punishable by fine

1-15     only; or

1-16                 (2)  convicted of an offense punishable by fine only.

1-17           (b)  A juvenile probation department may disclose to a

1-18     justice or municipal court the name of a child under the

1-19     supervision of the probation department for the purpose of

1-20     obtaining information under Subsection (a).

1-21           SECTION 2.  Section 58.005(a), Family Code, is amended to

1-22     read as follows:

1-23           (a)  Information obtained for the purpose of diagnosis,

1-24     examination, evaluation, or treatment or for making a referral for

 2-1     treatment of a child by a public or private agency or institution

 2-2     providing supervision of a child by arrangement of the juvenile

 2-3     court or having custody of the child under order of the juvenile

 2-4     court may be disclosed only to:

 2-5                 (1)  the professional staff or consultants of the

 2-6     agency or institution;

 2-7                 (2)  the judge, probation officers, and professional

 2-8     staff or consultants of the juvenile court;

 2-9                 (3)  an attorney for the child;

2-10                 (4)  a governmental agency or a justice or municipal

2-11     court if the disclosure is required or authorized by law;

2-12                 (5)  a person or entity to whom the child is referred

2-13     for treatment or services if the agency or institution disclosing

2-14     the information has entered into a written confidentiality

2-15     agreement with the person or entity regarding the protection of the

2-16     disclosed information;

2-17                 (6)  the Texas Department of Criminal Justice and the

2-18     Texas Juvenile Probation Commission for the purpose of maintaining

2-19     statistical records of recidivism and for diagnosis and

2-20     classification;  or

2-21                 (7)  with leave of the juvenile court, any other

2-22     person, agency, or institution having a legitimate interest in the

2-23     proceeding or in the work of the court.

2-24           SECTION 3.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended,

 3-2     and that this Act take effect and be in force from and after its

 3-3     passage, and it is so enacted.