1-1     By:  Van de Putte (Senate Sponsor - Armbrister)       H.B. No. 1749
 1-2           (In the Senate - Received from the House April 22, 1999;
 1-3     April 26, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 1999, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 10, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the sharing of information concerning juvenile
 1-9     offenders.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter A, Chapter 58, Family Code, is amended
1-12     by adding Section 58.0051 to read as follows:
1-13           Sec. 58.0051.  INTERAGENCY SHARING OF RECORDS.  (a)  Within
1-14     each county, a district school superintendent and the juvenile
1-15     probation department may enter into a written interagency agreement
1-16     to share information about juvenile offenders. The agreement must
1-17     specify the conditions under which summary criminal history
1-18     information is to be made available to appropriate school personnel
1-19     and the conditions under which school records are to be made
1-20     available to appropriate juvenile justice agencies.
1-21           (b)  Information disclosed under this section by a school
1-22     district must relate to the juvenile system's ability to serve,
1-23     before adjudication, the student whose records are being released.
1-24           (c)  A juvenile justice agency official who receives
1-25     educational information under this section shall certify in writing
1-26     that the institution or individual receiving the personally
1-27     identifiable information has agreed not to disclose it to a third
1-28     party, other than another juvenile justice agency.
1-29           (d)  A juvenile justice agency that receives educational
1-30     information under this section shall destroy all information when
1-31     the child is no longer under the jurisdiction of a juvenile court.
1-32           SECTION 2.  Subchapter C, Chapter 37, Education Code, is
1-33     amended by adding Section 37.084 to read as follows:
1-34           Sec. 37.084.  INTERAGENCY SHARING OF RECORDS.  (a)  A school
1-35     district superintendent or the superintendent's designee may
1-36     disclose information contained in a student's educational records
1-37     to a juvenile justice agency, as that term is defined by Section
1-38     58.101, Family Code, if the disclosure is under an interagency
1-39     agreement authorized by Section 58.0051, Family Code.
1-40           (b)  The commissioner may enter into an interagency agreement
1-41     to share educational information for research and analytical
1-42     purposes with the:
1-43                 (1)  Texas Juvenile Probation Commission;
1-44                 (2)  Texas Youth Commission;
1-45                 (3)  Texas Department of Criminal Justice; and
1-46                 (4)  Criminal Justice Policy Council.
1-47           (c)  This section does not require or authorize release of
1-48     student-level information except in conformity with the Family
1-49     Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1-50     1232g), as amended.
1-51           SECTION 3.  The importance of this legislation and the
1-52     crowded condition of the calendars in both houses create an
1-53     emergency and an imperative public necessity that the
1-54     constitutional rule requiring bills to be read on three several
1-55     days in each house be suspended, and this rule is hereby suspended,
1-56     and that this Act take effect and be in force from and after its
1-57     passage, and it is so enacted.
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