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


Office of House Bill AnalysisC.S.H.B. 1583
By: Jones, Jesse
Juvenile Justice and Family Issues
4/28/1999
Committee Report (Substituted)



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.
C.S.H.B. 1583 requires a record or file concerning a child that is stored
electronically to be accessible under controls that are separate and
distinct from controls to access electronic data concerning adults.   

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 law enforcement records and files concerning a child to be
kept separately from adult files if maintained on paper or microfilm.
Requires the records and files to be accessible under controls that are
separate and distinct from controls to access electronic data concerning
adults if the files and records are maintained electronically in the same
computer system as the records or files relating to adults.  Makes a
conforming change. 

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


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by further amending
Section 58.007(c), Family Code, to require law enforcement records and
files concerning a child to be kept separately from adult files if
maintained on paper or microfilm.  The substitute requires the records and
files concerning a child to be accessible under controls that are separate
and distinct from controls to access electronic data concerning adults if
the files and records are maintained electronically in the same computer
system as the records or files relating to adults.   The original would
have required the electronically-stored information regarding a child to be
kept separate from adult files and records, including through the
implementation of separate passwords or other controls.