Texas Family Code

Sec. § 58.008
Confidentiality of Law Enforcement Records


(a)

This section applies only to the inspection, copying, and maintenance of a record concerning a child and to the storage of information, by electronic means or otherwise, concerning the child from which a record could be generated and does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B. This section does not apply to a record relating to a child that is:

(1)

required or authorized to be maintained under the laws regulating the operation of motor vehicles in this state;

(2)

maintained by a municipal or justice court; or

(3)

subject to disclosure under Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure.

(b)

Except as provided by Subsection (c), law enforcement records concerning a child and information concerning a child that are stored by electronic means or otherwise and from which a record could be generated may not be disclosed to the public and shall be:

(1)

if maintained on paper or microfilm, kept separate from adult records;

(2)

if maintained electronically in the same computer system as adult records, accessible only under controls that are separate and distinct from the controls to access electronic data concerning adults; and

(3)

maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subsection (c) or Subchapter B, D, or E.

(c)

The law enforcement records of a person with a determinate sentence who is transferred to the Texas Department of Criminal Justice may be transferred to a central state or federal depository for adult records after the date of transfer and may be shared in accordance with the laws governing the adult records in the depository.

(d)

Law enforcement records concerning a child may be inspected or copied by:

(1)

a juvenile justice agency, as defined by Section 58.101 (Definitions);

(2)

a criminal justice agency, as defined by Section 411.082 (Definitions), Government Code;

(3)

the child;

(4)

the child’s parent or guardian; or

(5)

the chief executive officer or the officer’s designee of a primary or secondary school where the child is enrolled only for the purpose of conducting a threat assessment or preparing a safety plan related to the child.

(d-1)

For purposes of Subsection (d), “chief executive officer” includes:

(1)

the superintendent of a public school;

(2)

the director of an open-enrollment charter school; and

(3)

the chief executive officer of a private school.

(e)

Before a child or a child’s parent or guardian may inspect or copy a record concerning the child under Subsection (d), the custodian of the record shall redact:

(1)

any personally identifiable information about a juvenile suspect, offender, victim, or witness who is not the child; and

(2)

any information that is excepted from required disclosure under Chapter 552 (Public Information), Government Code, or any other law.

(f)

If a child has been reported missing by a parent, guardian, or conservator of that child, information about the child may be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.
Added by Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 13, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 131 (H.B. 1760), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 451 (S.B. 2135), Sec. 3, eff. September 1, 2019.
Source

Last accessed
Jun. 7, 2021