HBA-SEB H.B. 1909 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1909 By: Flores Juvenile Justice and Family Issues 4/15/1999 Introduced BACKGROUND AND PURPOSE Currently, a prosecuting attorney does not have access to information obtained for the purpose of diagnosis, examination, evaluation, or treatment or for making a referral for treatment of a child by order of a juvenile court or to the records and files of the juvenile court. If a prosecuting attorney had access to that information, the attorney could consider a person's juvenile criminal history and whether a person is a repeat offender. H.B. 1909 includes a prosecuting attorney in the list of people who are authorized to have access to a child's diagnosis, examination, evaluation, or treatment or treatment referral by order of a juvenile court and to juvenile records and 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 Section 58.005(a), Family Code, to authorize disclosure of information about a child to a prosecuting attorney if the information relates to an adjudication, the record of which the prosecuting attorney obtained under Section 58.007(g) (regarding a prosecuting attorney's submission of a request for a record) or Section 61.095, Human Resources Code (Request for Records). This authorization pertains to information obtained for the purpose of diagnosis, examination, evaluation, or treatment or for making a referral for treatment of a child by a public or private agency or institution providing supervision or having custody of the child by order of a juvenile court. Makes a conforming change. SECTION 2. Amends Section 58.007(b), Family Code, to make conforming changes. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.