SRC-SLL H.B. 1583 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1583
76R12987 DAK-DBy: Jones, Jesse (West)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, the Family Code requires physical law enforcement records and
files concerning a child to be kept separately from adult files and
records.  The Family Code is not specific as to whether this applies to
electronically-stored information as well as tangible records and files.
H.B. 1583 requires a record or file concerning a child that is stored
electronically to be accessible under controls that are separate and
distinct from controls to access electronic data concerning adults. 

PURPOSE

As proposed, H.B. 1583 requires a record or file concerning a child that is
stored electronically to be accessible under controls that are separate and
distinct from controls to access electronic data concerning adults. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 58.007(a) and (c), Family Code, to provide that
this section applies only to the storage of information, by electronic
means or otherwise, concerning the child from which a physical record or
file could be generated, among other information.  Prohibits law
enforcement records and files concerning a child and information stored, by
electronic means or otherwise, concerning the child from which a record or
file could be generated from being disclosed to the public and shall be, if
maintained on paper or microfilm, kept separate from adult files and
records, or if maintained electronically in the same computer system as
records or files relating to adults, be accessible under controls that are
separate and distinct from controls to access electronic data concerning
adults. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.