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.