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A BILL TO BE ENTITLED
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AN ACT
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relating to the exchange of information among certain governmental |
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entities concerning at-risk youth. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.01, Family Code, is amended to read as |
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follows: |
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Sec. 51.01. PURPOSE AND INTERPRETATION. This title shall |
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be construed to effectuate the following public purposes: |
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(1) to provide for the protection of the public and |
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public safety; |
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(2) consistent with the protection of the public and |
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public safety: |
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(A) to promote the concept of punishment for |
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criminal acts; |
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(B) to remove, where appropriate, the taint of |
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criminality from children committing certain unlawful acts; and |
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(C) to provide treatment, training, and |
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rehabilitation that emphasizes the accountability and |
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responsibility of both the parent and the child for the child's |
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conduct; |
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(3) to provide for the care, the protection, and the |
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wholesome moral, mental, and physical development of children |
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coming within its provisions; |
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(4) to protect the welfare of the community and to |
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control the commission of unlawful acts by children; |
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(5) to identify at-risk behaviors and prevent the |
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commission of unlawful acts by children; |
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(6) to achieve the foregoing purposes through |
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interagency information sharing to the full extent allowed by |
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federal law; |
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(7) to achieve the foregoing purposes in a family |
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environment whenever possible, separating the child from the |
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child's parents only when necessary for the child's welfare or in |
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the interest of public safety and when a child is removed from the |
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child's family, to give the child the care that should be provided |
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by parents; and |
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(8) [(6)] to provide a simple judicial procedure |
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through which the provisions of this title are executed and |
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enforced and in which the parties are assured a fair hearing and |
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their constitutional and other legal rights recognized and |
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enforced. |
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SECTION 2. The heading to Section 58.0051, Family Code, is |
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amended to read as follows: |
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Sec. 58.0051. INTERAGENCY SHARING OF RECORDS IN CERTAIN |
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COUNTIES. |
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SECTION 3. Section 58.0051(a), Family Code, is amended to |
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read as follows: |
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(a) Within each county with a population of less than |
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650,000, a district school superintendent and the juvenile |
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probation department may enter into a written interagency agreement |
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to share information about juvenile offenders. The agreement must |
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specify the conditions under which summary criminal history |
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information is to be made available to appropriate school personnel |
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and the conditions under which school records are to be made |
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available to appropriate juvenile justice agencies. |
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SECTION 4. Subchapter A, Chapter 58, Family Code, is |
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amended by adding Sections 58.0052 and 58.0053 to read as follows: |
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Sec. 58.0052. EXCHANGE OF INFORMATION CONCERNING AT-RISK |
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YOUTH IN CERTAIN COUNTIES. (a) In this section: |
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(1) "Agency" means any of the following entities, a |
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person with an agency relationship with any of the following |
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entities, or a person who contracts with any of the following |
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entities: |
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(A) the Texas Youth Commission; |
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(B) the Texas Juvenile Probation Commission; |
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(C) the Department of Family and Protective |
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Services; |
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(D) a juvenile probation department; |
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(E) a local mental health or mental retardation |
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authority; |
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(F) a municipal or county health department; |
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(G) a hospital district; |
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(H) a county department that provides services to |
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at-risk youth or their families; or |
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(I) a children's advocacy center established |
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under Section 264.402. |
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(2) "At-risk youth" means a person who is under 18 |
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years of age and: |
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(A) has been taken into custody under Section |
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52.01; |
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(B) has been referred to a juvenile court for |
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allegedly engaging in delinquent conduct or conduct indicating a |
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need for supervision; |
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(C) is likely to engage in deliquent conduct |
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based on one or more prior referrals to a court for having engaged |
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in delinquent conduct or conduct indicating a need for supervision; |
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(D) is in the custody of the Texas Youth |
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Commission or is under any form of juvenile probation or juvenile |
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court supervision; |
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(E) has received or is receiving services from a |
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mental health or mental retardation authority or the Department of |
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Family and Protective Services; |
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(F) has six or more absences from school in a |
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six-month period that have not been excused by a school official; or |
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(G) has been removed six or more times from a |
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classroom by a teacher under Section 37.002, Education Code, during |
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a six-month period. |
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(b) This section applies only to information relating to an |
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at-risk youth who is a resident of, or is receiving agency services |
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in, a county with a population of 650,000 or more. |
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(c) An agency shall: |
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(1) at the request of another agency for specific |
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information, disclose to the other agency personally identifiable |
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information relating to an at-risk youth, including identity, |
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needs, treatment, social, criminal, and vocational history, |
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probation or supervision status and compliance with the conditions |
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of probation or supervision, and medical and mental health history, |
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if the disclosure serves the purpose provided under Subsection (e); |
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and |
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(2) accept information relating to an at-risk youth |
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that is sent to the agency for the purpose provided under Subsection |
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(e). |
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(d) An agency shall comply with Subsection (c) regardless of |
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whether other state law makes that information confidential. |
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(e) An agency shall use information provided to the agency |
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under this section only to identify at-risk youth, to assist the |
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agency in providing services, or for research purposes. |
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(f) An agency may establish an internal protocol for sharing |
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information with other agencies as necessary to efficiently and |
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promptly disclose and accept the information. The protocol may |
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specify the types of information that may be shared under this |
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section without violating federal law, including any federal |
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funding requirements. An agency may enter into a memorandum of |
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understanding with another agency to share information according to |
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the agencies' protocols. An agency shall comply with this section |
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regardless of whether the agency establishes an internal protocol |
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or enters into a memorandum of understanding under this subsection. |
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(g) This section does not affect the confidential status of |
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the information being shared. The information may be released to a |
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third party as directed by a court order or as otherwise authorized |
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by law. Personally identifiable information disclosed under this |
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section is not subject to disclosure to a third party under Chapter |
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552, Government Code. Information that is not personally |
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identifiable may be disclosed to a third party for research |
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purposes as provided by an agency's protocol. |
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Sec. 58.0053. EXCHANGE OF INFORMATION CONCERNING AT-RISK |
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YOUTH IN CERTAIN COUNTIES; EDUCATIONAL RECORDS. (a) In this |
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section: |
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(1) "Agency" has the meaning assigned by Section |
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58.0052(a). |
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(2) "At-risk youth" has the meaning assigned by |
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Section 58.0052(a). |
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(3) "Juvenile justice system agency" means an agency |
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that has custody or control over juvenile offenders or an entity |
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that supports the juvenile justice function by providing |
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preventive, medical, educational, or other services, including: |
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(A) the Texas Education Agency; |
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(B) an independent school district; |
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(C) a charter school; |
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(D) the Department of Family and Protective |
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Services; |
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(E) a local mental health or mental retardation |
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authority; |
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(F) a county department that provides services to |
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at-risk youth or their families; and |
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(G) a children's advocacy center established |
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under Section 264.402. |
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(b) This section applies only to information relating to an |
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at-risk youth who is a resident of, or is receiving juvenile justice |
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system agency services in, a county with a population of 650,000 or |
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more. |
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(c) At the request of a juvenile justice system agency, an |
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agency shall disclose to the juvenile justice system agency |
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personally identifiable information relating to an at-risk youth's |
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educational records, identity, special needs, treatment, |
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behavioral problems, attendance, medical and mental health |
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information, aptitude or diagnostic tests, and referrals, if the |
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disclosure serves the purpose provided under Subsection (e)(2). |
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(d) An agency shall comply with a request under Subsection |
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(c) regardless of whether other state law makes that information |
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confidential. |
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(e) A juvenile justice system agency that receives |
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information under this section shall: |
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(1) certify in writing that the agency will not |
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disclose confidential information received under this section to a |
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third party, other than another juvenile justice system agency; and |
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(2) use information only to identify an at-risk youth |
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and to assist the agency in providing prevention and early |
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intervention services to the youth before adjudication of the |
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youth. |
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(f) An agency that shares information under this section is |
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subject to Sections 58.0052(f) and (g). |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |