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. 1-58 * * * * *