1-1 AN ACT
1-2 relating to the sharing of information concerning juvenile
1-3 offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 58, Family Code, is amended
1-6 by adding Section 58.0051 to read as follows:
1-7 Sec. 58.0051. INTERAGENCY SHARING OF RECORDS. (a) Within
1-8 each county, a district school superintendent and the juvenile
1-9 probation department may enter into a written interagency agreement
1-10 to share information about juvenile offenders. The agreement must
1-11 specify the conditions under which summary criminal history
1-12 information is to be made available to appropriate school personnel
1-13 and the conditions under which school records are to be made
1-14 available to appropriate juvenile justice agencies.
1-15 (b) Information disclosed under this section by a school
1-16 district must relate to the juvenile system's ability to serve,
1-17 before adjudication, the student whose records are being released.
1-18 (c) A juvenile justice agency official who receives
1-19 educational information under this section shall certify in writing
1-20 that the institution or individual receiving the personally
1-21 identifiable information has agreed not to disclose it to a third
1-22 party, other than another juvenile justice agency.
1-23 (d) A juvenile justice agency that receives educational
1-24 information under this section shall destroy all information when
2-1 the child is no longer under the jurisdiction of a juvenile court.
2-2 SECTION 2. Subchapter C, Chapter 37, Education Code, is
2-3 amended by adding Section 37.084 to read as follows:
2-4 Sec. 37.084. INTERAGENCY SHARING OF RECORDS. (a) A school
2-5 district superintendent or the superintendent's designee may
2-6 disclose information contained in a student's educational records
2-7 to a juvenile justice agency, as that term is defined by Section
2-8 58.101, Family Code, if the disclosure is under an interagency
2-9 agreement authorized by Section 58.0051, Family Code.
2-10 (b) The commissioner may enter into an interagency agreement
2-11 to share educational information for research and analytical
2-12 purposes with the:
2-13 (1) Texas Juvenile Probation Commission;
2-14 (2) Texas Youth Commission;
2-15 (3) Texas Department of Criminal Justice; and
2-16 (4) Criminal Justice Policy Council.
2-17 (c) This section does not require or authorize release of
2-18 student-level information except in conformity with the Family
2-19 Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
2-20 1232g), as amended.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1749 was passed by the House on April
21, 1999, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1749 was passed by the Senate on May
13, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor