HBA-RBT H.B. 912 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 912
By: Thompson
Juvenile Justice and Family Issues
4/14/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Domestic relations offices conduct court ordered social studies in adoption
and contested child custody cases.  The Family Code provides that parties
seeking to adopt a child must provide the court with their criminal
background history record.  Parties involved in child custody litigation
are not required to provide criminal history information. Domestic
relations offices are not authorized to obtain criminal history
information.   

H.B. 912 gives domestic relations offices which have been ordered to
conduct a social study the authority to request criminal history
information on the individuals asking for custody, access, or possession of
a child. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 411, Government Code, by adding
Section 411.1285, as follows: 

Sec.  411.1285.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DOMESTIC
RELATIONS OFFICE.  (a) Provides that a domestic relations office created
under Chapter 203, Family Code (Domestic Relations Offices), is entitled to
obtain criminal history record information from the Department of Public
Safety (department) regarding a person who is a subject of a social study
under Subchapter D, Chapter 107, Family Code (Social Study). 

(b) Requires the department to provide the domestic relations office with
criminal history record information within 10 days of the request of the
information. 

(c) Prohibits release of criminal history record information by a domestic
relations office except to the court ordering the social study, pursuant to
a court order, or with the consent of the person who is the subject of the
information. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment No.  1.

The amendment amends SECTION 1 to indicate that Sections 411.1285 and
411.1286 are being added, rather than only Section 411.1285. 

 In SECTION 1, the amendment adds new Section 411.1286, as follows:

Sec.  411.1286.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY
COMMISSIONERS COURTS; COUNTY CHILD WELFARE BOARD MEMBERS.  Entitles the
commissioners court of a county to obtain from the department criminal
history record information maintained by the department that relates to a
member of a county child welfare board appointed by the commissioners court
under Section 264.005 (County Child Welfare Boards), Family Code. 

The amendment states that the caption is to be amended appropriately.