HBA-MPM H.B. 216 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 216
By: Hochberg
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

In most instances, a school district is prohibited from videotaping or
making a voice recording of a child without the prior consent of the
child's parents.  H.B. 216 amends the Education Code to include additional
circumstances under which a videotape or voice recording of a child may be
made by a school district employee without prior consent of the child's
parents, namely, if the videotape or voice recording documents the open
portion of an open meeting held by a school district or if it documents
certain closed meetings. 

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 26.009(b), Education Code, to include additional
circumstances under which a videotape or voice recording of a child may be
made by a school district employee without prior consent of the child's
parents.  Specifies that the employee may videotape or make a voice
recording of a child without prior parental consent if the videotape or
voice recording documents the open portion of a meeting held by a school
district in accordance with Chapter 551 (Open Meetings), Government Code;
or a closed meeting held in accordance with Section 551.082(a)(1),
Government Code (School Children; School District Employees; Disciplinary
Matter or Complaint). Redesignates existing Subdivisions (1)-(4) to
Paragraphs (1)(A)-(1)(D), respectively.  Makes a nonsubstantive change. 

SECTION 2.  Makes application of this Act prospective beginning with the
1999-2000 school year. 

SECTION 3. Emergency clause.
  Effective date: upon passage.