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.