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