HBA-SEB H.B. 1583 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1583
By: Jones, Jesse
Juvenile Justice and Family Issues
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Family Code requires physical law enforcement records and
files concerning a child to be kept separately from adult files and
records.  The Family Code is not specific as to whether this applies to
electronically-stored information as well as tangible records and files.
H.B. 1583 requires a record or file concerning a child, whether stored
electronically or on paper, to be kept separately from adult files.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 58.007(a) and (c), Family Code, as follows:

(a)  Provides that this section (Physical Records or Files) applies only to
the inspection and maintenance of a physical record or file concerning a
child and the storage of information in the juvenile justice information
system, by electronic means or otherwise, concerning the child from which a
physical record or file could be generated. 

(c)  Requires the electronically-stored information to be kept separate
from adult files and records, including through the implementation of
separate passwords or other controls. Makes a conforming change. 

SECTION 2.Emergency clause.
  Effective date: upon passage.