76R9811 DAK-F By Van de Putte H.B. No. 1749 Substitute the following for H.B. No. 1749: By Goodman C.S.H.B. No. 1749 A BILL TO BE ENTITLED 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 1-13 personnel, and the conditions under which school records are to be 1-14 made 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.