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79R9316 KSD-D

By:  Uresti                                                       H.B. No. 2851



A BILL TO BE ENTITLED

AN ACT

relating to access to records maintained by the Department of 
Family and Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 261.201, Family Code, is amended by 
adding Subsection (i) to read as follows:
	(i)  Notwithstanding Subsection (a), the department, on 
request and subject to department rule, shall provide to a public 
requestor information concerning reported abuse or neglect that 
would otherwise be confidential under this section if the 
department has edited the information to protect the identity of 
the person who made the report, the child who is the subject of the 
report, and any other person whose life or safety may be endangered 
by the disclosure.
	SECTION 2.  Subchapter A, Chapter 263, Family Code, is 
amended by adding Section 263.007 to read as follows:
	Sec. 263.007.  ACCESS TO INFORMATION.  Notwithstanding any 
other law, the department, on request and subject to department 
rule, shall provide to a public requestor information concerning 
services provided under this chapter that would otherwise be 
confidential if the department has edited the information to 
protect the identity of any person whose life or safety may be 
endangered by the disclosure or whose privacy interest may be 
violated by the disclosure.
	SECTION 3.  Section 264.408, Family Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  Notwithstanding Subsection (a), the department, on 
request and subject to department rule, shall provide to a public 
requestor information concerning services provided under this 
chapter that would otherwise be confidential under this section if 
the department has edited the information to protect the identity 
of any person whose life or safety may be endangered by the 
disclosure or whose privacy interest may be violated by the 
disclosure.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.