1-1 By: Jones of Dallas (Senate Sponsor - West) H.B. No. 1583
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 13, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 13, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the confidentiality of certain juvenile records or
1-9 files.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 58.007(a) and (c), Family Code, are
1-12 amended to read as follows:
1-13 (a) This section applies only to the inspection and
1-14 maintenance of a physical record or file concerning a child and the
1-15 storage of information, by electronic means or otherwise,
1-16 concerning the child from which a physical record or file could be
1-17 generated and does not affect the collection, dissemination, or
1-18 maintenance of information as provided by Subchapter B. This
1-19 section does not apply to a record or file relating to a child that
1-20 is required or authorized to be maintained under the laws
1-21 regulating the operation of motor vehicles in this state or to a
1-22 record or file relating to a child that is maintained by a
1-23 municipal or justice court.
1-24 (c) Except as provided by Subsection (d), law enforcement
1-25 records and files concerning a child and information stored, by
1-26 electronic means or otherwise, concerning the child from which a
1-27 record or file could be generated may not be disclosed to the
1-28 public and shall be:
1-29 (1) if maintained on paper or microfilm, kept separate
1-30 from adult files and records; [and]
1-31 (2) if maintained electronically in the same computer
1-32 system as records or files relating to adults, be accessible under
1-33 controls that are separate and distinct from controls to access
1-34 electronic data concerning adults; and
1-35 (3) maintained on a local basis only and not sent to a
1-36 central state or federal depository, except as provided by
1-37 Subchapter B.
1-38 SECTION 2. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended,
1-43 and that this Act take effect and be in force from and after its
1-44 passage, and it is so enacted.
1-45 * * * * *