H.B. No. 694
 
 
 
 
AN ACT
  relating to access by certain military personnel to juvenile and
  criminal history information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 58.204(b), Family Code, is amended to
  read as follows:
         (b)  On certification of records in a case under Section
  58.203, the department may permit access to the information in the
  juvenile justice information system relating to the case of an
  individual only:
               (1)  by a criminal justice agency for a criminal
  justice purpose, as those terms are defined by Section 411.082,
  Government Code; [or]
               (2)  for research purposes, by the Texas Juvenile
  Justice Department [Probation Commission, the Texas Youth
  Commission,] or the Criminal Justice Policy Council; or
               (3)  with the written permission of the individual, by
  military personnel, including a recruiter, of this state or the
  United States if the individual is an applicant for enlistment in
  the armed forces.
         SECTION 2.  Section 58.207, Family Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  On certification of records in a case under Section
  58.203, the juvenile court shall order:
               (1)  that the following records relating to the case
  may be accessed only as provided by Section 58.204(b):
                     (A)  if the respondent was committed to the Texas
  Juvenile Justice Department [Youth Commission], records maintained
  by the department [commission];
                     (B)  records maintained by the juvenile probation
  department;
                     (C)  records maintained by the clerk of the court;
                     (D)  records maintained by the prosecutor's
  office; and
                     (E)  records maintained by a law enforcement
  agency; and
               (2)  the juvenile probation department to make a
  reasonable effort to notify the person who is the subject of records
  for which access has been restricted of the action restricting
  access and the legal significance of the action for the person, but
  only if the person has requested the notification in writing and has
  provided the juvenile probation department with a current address.
         (c)  Notwithstanding Subsection (b) of this section and
  Section 58.206(b), with the written permission of the subject of
  the records, an agency under Subsection (a)(1) may allow military
  personnel, including a recruiter, of this state or the United
  States to access juvenile records in the same manner authorized by
  law for records to which access has not been restricted under this
  section.
         SECTION 3.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1410 to read as follows:
         Sec. 411.1410.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: UNITED STATES ARMED FORCES. (a)  In this section,
  "agency of the United States armed forces" means the United States
  Army, the United States Navy, the United States Marine Corps, the
  United States Coast Guard, or the United States Air Force.
         (b)  Subject to Subsection (c), an agency of the United
  States armed forces, including a recruiter for the agency, is
  entitled to obtain from the department criminal history record
  information maintained by the department that relates to a person
  who is an applicant for enlistment in the United States armed
  forces.
         (c)  An agency of the United States armed forces is entitled
  to criminal history record information under Subsection (b) only if
  the agency submits to the department a signed statement from the
  applicant that authorizes the agency to obtain the information.
         (d)  Criminal history record information obtained by an
  agency of the United States armed forces under Subsection (b) may
  not be released to any person or agency except on court order or
  with the consent of the person who is the subject of the criminal
  history record information.
         (e)  An agency of the United States armed forces shall
  destroy criminal history record information obtained under
  Subsection (b) after the purpose for which the information was
  obtained is accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 694 was passed by the House on May 9,
  2013, by the following vote:  Yeas 135, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 694 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor