HBA-RBT H.B. 912 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 912 By: Thompson Juvenile Justice and Family Issues 4/14/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Domestic relations offices conduct court ordered social studies in adoption and contested child custody cases. The Family Code provides that parties seeking to adopt a child must provide the court with their criminal background history record. Parties involved in child custody litigation are not required to provide criminal history information. Domestic relations offices are not authorized to obtain criminal history information. H.B. 912 gives domestic relations offices which have been ordered to conduct a social study the authority to request criminal history information on the individuals asking for custody, access, or possession of a child. 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 Subchapter F, Chapter 411, Government Code, by adding Section 411.1285, as follows: Sec. 411.1285. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DOMESTIC RELATIONS OFFICE. (a) Provides that a domestic relations office created under Chapter 203, Family Code (Domestic Relations Offices), is entitled to obtain criminal history record information from the Department of Public Safety (department) regarding a person who is a subject of a social study under Subchapter D, Chapter 107, Family Code (Social Study). (b) Requires the department to provide the domestic relations office with criminal history record information within 10 days of the request of the information. (c) Prohibits release of criminal history record information by a domestic relations office except to the court ordering the social study, pursuant to a court order, or with the consent of the person who is the subject of the information. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1. The amendment amends SECTION 1 to indicate that Sections 411.1285 and 411.1286 are being added, rather than only Section 411.1285. In SECTION 1, the amendment adds new Section 411.1286, as follows: Sec. 411.1286. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY COMMISSIONERS COURTS; COUNTY CHILD WELFARE BOARD MEMBERS. Entitles the commissioners court of a county to obtain from the department criminal history record information maintained by the department that relates to a member of a county child welfare board appointed by the commissioners court under Section 264.005 (County Child Welfare Boards), Family Code. The amendment states that the caption is to be amended appropriately.