Texas 2021 - 87th Regular

Texas House Bill HB4113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7991 ADM-D
2	2	By: Talarico H.B. No. 4113
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the confidentiality of juvenile justice information.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 58.009, Family Code, is amended by
10	10	amending Subsections (a) and (c) and adding Subsections (a-1) and
11	11	(c-1) to read as follows:
12	12	(a) For purposes of this section, information is
13	13	identifiable if the information contains a juvenile offender's name
14	14	or other personal identifiers or can, by virtue of sample size or
15	15	other factors, be reasonably interpreted as referring to a
16	16	particular juvenile offender.
17	17	(a-1) Except as provided by this section, identifiable
18	18	juvenile justice information collected and maintained by the Texas
19	19	Juvenile Justice Department for statistical and research purposes
20	20	is confidential information for the use of the department and may
21	21	not be disseminated by the department.
22	22	(c) The Texas Juvenile Justice Department may grant [the
23	23	following entities] access to identifiable juvenile justice
24	24	information:
25	25	(1) for research and statistical purposes or for any
26	26	other purpose approved by the department to:
27	27	(A) [(1)] criminal justice agencies as defined
28	28	by Section 411.082, Government Code;
29	29	(B) [(2)] the Texas Education Agency, as
30	30	authorized under Section 37.084, Education Code;
31	31	(C) [(3)] any agency under the authority of the
32	32	Health and Human Services Commission; or
33	33	(D) [(4)] the Department of Family and
34	34	Protective Services; or
35	35	(2) for a purpose beneficial to and approved by the
36	36	department to an individual or entity that:
37	37	(A) is working on a research or statistical
38	38	project that meets the requirements of and is approved by the
39	39	department; and
40	40	(B) has a specific agreement with the department
41	41	that:
42	42	(i) specifically authorizes access to
43	43	identifiable juvenile justice information;
44	44	(ii) limits the use of the information to
45	45	the purposes for which the information is given;
46	46	(iii) ensures the security and
47	47	confidentiality of the information; and
48	48	(iv) provides for sanctions if a
49	49	requirement imposed under Subparagraph (i), (ii), or (iii) is
50	50	violated [(5) a public or private university].
51	51	(c-1) The Texas Juvenile Justice Department shall grant
52	52	access to juvenile justice information that is not identifiable
53	53	information for research or statistical purposes or for any other
54	54	purpose approved by the department to:
55	55	(1) criminal justice agencies as defined by Section
56	56	411.082, Government Code;
57	57	(2) the Texas Education Agency, as authorized under
58	58	Section 37.084, Education Code;
59	59	(3) any agency under the authority of the Health and
60	60	Human Services Commission;
61	61	(4) the Department of Family and Protective Services;
62	62	(5) a public or private university; or
63	63	(6) an individual or entity working on a research or
64	64	statistical project.
65	65	SECTION 2. Sections 58.009(d), (f), and (g), Family Code,
66	66	are repealed.
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2021.