76R12987 DAK-D
By Jones of Dallas H.B. No. 1583
Substitute the following for H.B. No. 1583:
By Goodman C.S.H.B. No. 1583
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the confidentiality of certain juvenile records or
1-3 files.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 58.007(a) and (c), Family Code, are
1-6 amended to read as follows:
1-7 (a) This section applies only to the inspection and
1-8 maintenance of a physical record or file concerning a child and the
1-9 storage of information, by electronic means or otherwise,
1-10 concerning the child from which a physical record or file could be
1-11 generated 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 or to a
1-16 record or file relating to a child that is maintained by a
1-17 municipal or justice court.
1-18 (c) Except as provided by Subsection (d), law enforcement
1-19 records and files concerning a child and information stored, by
1-20 electronic means or otherwise, concerning the child from which a
1-21 record or file could be generated may not be disclosed to the
1-22 public and shall be:
1-23 (1) if maintained on paper or microfilm, kept separate
1-24 from adult files and records; [and]
2-1 (2) if maintained electronically in the same computer
2-2 system as records or files relating to adults, be accessible under
2-3 controls that are separate and distinct from controls to access
2-4 electronic data concerning adults; and
2-5 (3) maintained on a local basis only and not sent to a
2-6 central state or federal depository, except as provided by
2-7 Subchapter B.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.