HBA-LCA H.B. 1749 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1749
By: Van de Putte
Juvenile Justice & Family Issues
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Public elementary and secondary schools are subject to the federal Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C., Section 1232g),
which governs disclosure of information in educational records.  A 1994
amendment to the Act authorizes educators to share with juvenile justice
officials information on children who are at risk of involvement, or have
become involved, in the juvenile justice system.  H.B. 1749 amends a state
law to authorize the disclosure of information contained in the juvenile
justice information system to the Department of Protective and Regulatory
Services and to certain public school officials. 

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 58.106, Family Code, by amending Subsection (a)
and adding Subsections (d) and (e), as follows: 

(a) Includes the Department of Protective and Regulatory Services and the
principal or assistant principal of a public elementary or secondary school
among the entities that may receive information contained in the juvenile
justice information system from the Department of Public Safety
(department). Makes conforming changes. Redesignates existing Subdivision 4
as Subdivision 6. 

(d) Prohibits the department from providing information to the Department
of Protective and Regulatory Services without a written agreement that
limits use of the information to official business, ensures its security
and confidentiality, and provides sanctions for violation of the agreement.

(e) Prohibits the department from providing information to a principal or
assistant principal of a public elementary or secondary school without a
written agreement that limits use of the information to official business,
ensures its security and confidentiality, and provides sanctions for
violation of the agreement. 

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