HBA-ATS, NIK H.B. 3256 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3256 By: Farrar Corrections 10/5/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, Texas law permitted state agencies authorized to provide continuity of care for a special needs offender to receive and distribute information relating to a special needs offender. This shared information allowed these agencies to provide continuous care to offenders with mental or physical impairments. H.B. 3256 amended the law to authorize certain agencies, including criminal justice, human services, and educational agencies, to receive and disclose information regarding special needs offenders. This bill also permits an agency to disclose information about the offender's supervision status and compliance with conditions of supervision. In addition, this bill redefines "special needs offender" to mean an individual for whom criminal charges are pending or who after conviction or adjudication is in custody or under any form of criminal justice supervision. 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 Section 614.017, Health and Safety Code, as follows: (a) Authorizes an agency, rather than an agency authorized to provide continuity of care for a special needs offender, to disclose information about the identity of a special needs offender, including the offender's supervision status and compliance with conditions of supervision. (b) Makes no change. (c) Provides that "agency" includes any of the specified entities, rather than a division within an agency, a person with an agency relationship with one of the specified entities, rather than an agency, and a person who contracts with one or more of the specified entities. Redefines "special needs offender" to mean an individual for whom criminal charges are pending or who after conviction or adjudication is in custody or under any form of criminal justice supervision, rather than a convicted felon or an individual who is placed on community supervision after a grant of deferred adjudication under Section 5 (Deferred Adjudication; Community Supervision), Article 42.12 (Community Supervision), Code of Criminal Procedure. SECTION 2. Emergency clause. Effective date: upon passage.