EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 27. Crime Records Juvenile Justice Information System 37 TAC sec.sec.27.51-27.64 The Texas Department of Public Safety adopts on an emergency basis new sec.sec.27.51-27.64, concerning juvenile justice information systems. These new sections are necessary to implement the juvenile justice information system provisions of House Bill 327, 74th Legislature, Regular Session, 1995 "the Act", part of which was codified as the Texas Family Code, Title 3 sec.sec.58.001-58.113. The Act makes the Texas Department of Public Safety (department) responsible for recording data and maintaining a database for a computerized juvenile justice information system. The new sections set forth procedures and implementation for the reporting of juvenile offender processing data by the agency responsible for the data from the time a juvenile offender is initially taken into custody, detained, or referred until the time a juvenile offender is released from the jurisdiction of the juvenile justice system. The department finds that adoption of these rules on fewer than 30 days notice is required by state law. The new sections are adopted on an emergency basis pursuant to Texas Family Code, Title 3, Chapter 58, sec.sec.58.001-58.113 and Texas Government Code, sec.411. 006(4), which provide the director with the authority to adopt rules, subject to commission approval, considered necessary for the control of the department. sec.27.51. Juvenile Justice Information System. (a) The Department of Public Safety is responsible for recording data and maintaining a database for a computerized juvenile justice information system that serves: (1) as the record creation point for the juvenile justice information system maintained by the state; and (2) as the control terminal for entry of records, in accordance with federal law, rule and policy into the federal records systems maintained by the Federal Bureau of Investigation. (b) The Department of Public Safety will not collect or retain information relating to a juvenile if Texas Family Code, Chapter 58 prohibits or restricts the collection or retention of the information. (c) Local law enforcement and juvenile justice agencies must report, and the Department of Public Safety must retain the information required by Texas Family Code, Chapter 58, Subchapter B, sec.sec.58.101-58.113. sec.27.52. Purpose Of The Juvenile Justice Information System. The purpose of the Juvenile Justice Information System is to: (1) provide agencies and personnel within the juvenile justice system accurate information relating to children who come into contact with the juvenile justice system of Texas; (2) provide, where allowed by law, adult criminal justice agencies accurate and easily accessible information relating to children who come into contact with the juvenile justice system; (3) provide an efficient conversion, where appropriate, of juvenile records to adult criminal records; (4) improve the quality of data used to conduct impact analyses of proposed legislative changes in the juvenile justice system; and (5) improve the ability of interested parties to analyze the functioning of the juvenile justice system. sec.27.53. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Criminal Justice Agency-Has the meaning assigned by Texas Government Code, Section 411.082; Department-Refers to the Department of Public Safety of the State of Texas. Disposition-Refers to an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender. Incident Number -Refers to a unique number assigned to a child during a specific custodial or detention period or for a specific referral to the office or official designated by the juvenile court, if the juvenile offender was not taken into custody before the referral. Juvenile Justice Agency-Refers to an agency that has custody or control over juvenile offenders. Juvenile Justice Information System-Is the information related to a child forwarded by a law enforcement agency, including photographs and fingerprints, to the department for inclusion in the database created in Texas Family Code, Title 3, Subchapter B, sec.sec.58.101-58.113. Juvenile Offender -Refers to a child who has been assigned an incident number. Referral To Juvenile Court-Refers to the referral of a child or a child's case to the office or official, including an intake officer or probation officer, designated by the juvenile court to process children within the juvenile justice system. State Identification Number-Refers to a unique number assigned by the department to a child in the juvenile justice information system, or the adult criminal history system. Uniform Incident Fingerprint Card-Refers to a multiple-part form containing a unique incident number with space for information relating to the conduct for which a child has been taken into custody, detained or referred, the child's fingerprints, and other relevant information. sec.27.54. Types Of Information Collected In The Juvenile Justice Information System. (a) Subject to the records sealing provisions of Texas Family Code, sec.58.003, the juvenile justice information system shall consist of information relating to delinquent conduct committed by a juvenile offender that, if the conduct had been committed by an adult, would constitute a criminal offense other than an offense punishable by a fine only. (b) Information in the system shall include information relating to: (1) the juvenile offender; (2) the intake or referral of the juvenile offender into the juvenile justice system; (3) the detention of the juvenile offender; (4) the prosecution of the juvenile offender; (5) the disposition of the juvenile offender's case, including the name and description of any program to which the juvenile offender is referred; and (6) the probation or commitment of the juvenile offender. sec.27.55. Specific Information Collected In The Juvenile Justice Information System. (a) The department shall assign codes for the reporting of data to the juvenile justice information system. The department shall designate and distribute a list of uniform offense codes to be used in reporting data to the juvenile justice information system. The department has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice information system. The department will, upon receipt of fingerprint submissions of juvenile offender data, assign unique state identification numbers to each juvenile offender reported to the juvenile justice information system. (b) To the extent possible, and subject to the above list of types of information collected, local law enforcement and juvenile justice agencies shall report, and the department shall include in the juvenile justice information system the following information for each juvenile offender referred under the Texas Family Code, Title 3, Chapter 58, sec.sec.58.101-58.113 for delinquent conduct: (1) the juvenile offender's name, including other names by which the juvenile offender is known or has used; (2) the juvenile offender's date and place of birth, including alias dates of birth used by the offender; (3) the juvenile offender's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos; (4) the juvenile offender's state identification number, and other numbers as identified on the uniform incident fingerprint card as designed by the department for reporting to the juvenile justice information system, including alias identifying numbers; (5) the juvenile offender's fingerprints, which shall be stored in the statewide automated fingerprint identification system; (6) the juvenile offender's last known residential address, from which the department shall determine the census tract number designation, if possible; (7) the name and identifying number as assigned by the Federal Bureau of Investigation of the agency that took into custody or detained the juvenile offender; (8) the date of detention or custody; (9) the conduct for which the juvenile offender was taken into custody, detained, or referred, including level and degree of the alleged offense; (10) the name and identifying number as assigned by the Federal Bureau of Investigation of the juvenile intake agency or juvenile probation office; (11) each disposition by the juvenile intake agency or juvenile probation office, as identified by codes assigned by the department; (12) the date of disposition by the juvenile intake agency or juvenile probation office; (13) the name and identifying number as assigned by the Federal Bureau of Investigation of the prosecutor's office; (14) each disposition by the prosecutor; (15) the date of disposition by the prosecutor; (16) the name and identifying number as assigned by the Federal Bureau of Investigation of the court; (17) each disposition by the court, as identified by codes assigned by the department, including information concerning custody of a juvenile offender by a juvenile justice agency or probation; (18) the date of disposition by the court; (19) any commitment or release under supervision by the Texas Youth Commission; (20) the date of any commitment or release under supervision by the Texas Youth Commission; and (21) a description of each appellate proceeding, as identified by codes assigned by the department. (c) Local agencies are not required to report, nor is the department required to maintain dispositions that represent administrative status notices of a juvenile justice agency. sec.27.56. Duties Of Reporting Agencies And Courts.
    A juvenile justice agency and a clerk of the court shall: (1) compile and maintain records needed for reporting data required by the department; (2) transmit to the department in the manner provided by the department, whether on uniform incident fingerprint cards provided by the department or in electronic formats designated by the department, data required by the department; (3) give the department or its accredited agents access to the agency or court for the purpose of inspection to determine the completeness and accuracy of data reported; and (4) cooperate with the department to enable the department to perform its duties under the law. sec.27.57. Collection Of Records Of Children To Be Forwarded To The Juvenile Justice Information System. (a) Law enforcement officers and other juvenile justice personnel shall collect information described by these sections and Texas Family Code sec.58.104, as part of the juvenile justice information system. (b) A law enforcement agency may forward information, which includes fingerprints, relating to a child who has been detained or taken into custody by the agency to the department for inclusion in the juvenile justice information system, only if the child or the child's case is referred to juvenile court, including referral to a juvenile probation office or prosecutor, only if the child or the case is referred on or before the 10th day after the date the child is detained or taken into custody. (c) If the child or case is not referred to juvenile court within that time, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child unless the child is placed in a first offender program under Texas Family Code sec.52.031 or on informal disposition under Texas Family Code sec.52.03. (d) The law enforcement agency may not forward information to the department relating to the child while the child is in a first offender program under Texas Family Code sec.52. 031 or on informal disposition under Texas Family Code sec.52.03. On successful completion by the child of an informal disposition under Texas Family Code sec.52.03, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child. Ninety days after successful completion by the child of a first offender program under Texas Family Code sec.52.031, the law enforcement agency shall destroy all information , including photographs and fingerprints, relating to the child. The information should be retained during the 90-day period in order for it to be available for a referral of the original offense to the juvenile court in the event the child re-offends during the 90-day time period. (e) If the child fails to successfully complete the above described programs, or re-offends within 90 days of successful completion of a first offender program under Texas Family Code sec.52.031, the law enforcement agency may forward the information, including fingerprints to the department. sec.27.58. Reporting Of Data To The Juvenile Justice Information System. (a) Juvenile offender processing data as described by these sections and Texas Family Code, Title 3, Chapter 58, ssec.58.101-58.113 must be reported by the agency responsible for the data from the time a juvenile offender is initially taken into custody, detained, or referred until the time a juvenile offender is released from the jurisdiction of the juvenile justice system. (b) The law enforcement agency or the juvenile intake agency that initiates the entry of the juvenile offender into the juvenile justice information system for a specific incident shall prepare a uniform incident fingerprint card, or an electronic submission of the same data, and initiate the reporting process for each incident reportable to the juvenile justice information system. The initiation of reporting of each juvenile offender referral to the juvenile court must be accompanied by fingerprint data. The local juvenile board shall establish a process for fingerprinting when a juvenile is referred to the juvenile court without having first been taken into custody or detained by a law enforcement agency, and, therefore, the fingerprints have not been supplied by a law enforcement agency. (c) The prosecutor exercising jurisdiction over a juvenile offender's case shall ensure that each disposition by the prosecutor and the date of that disposition is reported to the juvenile justice information system. (d) The clerk of the court exercising jurisdiction over a juvenile offender's case shall promptly report to the department the disposition of the case, including information concerning custody of a juvenile offender by a juvenile justice agency or probation, the date of disposition, a description of any appellate proceeding, and the name and description, as described by codes assigned by the department, of any program to which the juvenile offender is referred. (e) In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting, or electronic reporting, if the alternative reporting is approved by the local juvenile board and the department. (f) Except as otherwise required by applicable state laws or regulations, information required to be reported to the juvenile justice information system shall be reported promptly. Except as provided below, the information shall be reported not later than the 30th day after the date the information is received by the agency responsible for reporting the information. A juvenile offenders' in-custody referral shall be reported to the department not later than the seventh day after the referral. A referral without previous custody shall be reported to the department not later than the seventh day after the date the child is fingerprinted. (g) All information to be reported to the juvenile justice information system by juvenile reporting agencies may be reported electronically, with the approval of the local juvenile board and the department. sec.27.59. Compatibility Of Data. Data supplied to the juvenile justice information system must be compatible with the system and must contain the incident numbers. The state identification number must be reported when already assigned by the department and known by the reporting agency. sec.27.60. Uniform Incident Fingerprint Card. (a) The department will provide for the use of a uniform incident fingerprint card in the maintenance of the juvenile justice information system. (b) The incident cards will: (1) be serially numbered with an incident number in a manner that allows each incident of referral of a juvenile offender who is the subject of the incident fingerprint card to be readily ascertained; (2) be multiple-part forms that can be transmitted with the juvenile offender through the juvenile justice process and that allow each agency to report required data to the department. (c) Subject to available telecommunications capacity, the department will develop the capability to receive by electronic means from a law enforcement agency, prosecutor, juvenile probation department, court, state juvenile agency, or appropriate data processing provider on behalf of those agencies the information on the uniform incident fingerprint card. The information must be in a form that is compatible to the form required of data supplied to the juvenile justice information system. sec.27.61. Duties Of The Juvenile Board. Each juvenile board shall provide for: (1) the compilation and maintenance of records and information needed for reporting information to the department; (2) the transmittal to the department, in the manner provided by the department, of all records and information required by the department under the law; and (3) access by the department to inspect records and information to determine the completeness and accuracy of information reported. sec.27.62. Local Data Advisory Boards. The commissioners court of each county may create a local data advisory board to perform the same duties relating to the juvenile justice information system as the duties performed by a local data advisory board in relation to the criminal history record system under Texas Code of Criminal Procedure, Article 60.09. sec.27.63. Confidentiality. Except as provided in paragraphs (1) -(5) of this section information contained in the juvenile justice information system is confidential information for the use of the department and may not be disseminated by the department except: (1) with the permission of the juvenile offender, to military personnel of this state or the United States; (2) to a person or entity to which the department may grant access to adult criminal history records as provided by Texas Government Code, sec.411.083; (3) to a juvenile justice agency; (4) to the Criminal Justice Policy Council, the Texas Youth Commission, and the Texas Juvenile Probation Commission for analytical purposes; or (5) to the juvenile, or juvenile's authorized representative as provided in the Texas Open Records Act. sec.27.64. Records Of Missing And Wanted Children. (a) 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. (b) The department shall maintain in a computerized database that is accessible by the same entities that may access the juvenile justice information system information relating to a warrant of arrest, as that term is defined by Texas Code of Criminal Procedure, Article 15.01, or a directive to apprehend under Texas Family Code, sec.52.015 for any child, without regard to whether the child has been taken into custody. (c) The department shall forward to the National Crime Information Center, those warrants reported to the above mentioned database which qualify under Federal Bureau of Investigation criteria. Issued in Austin, Texas, on December 19, 1995. TRD-9516543 James R. Wilson Director Texas Department of Public Safety Effective date: January 1, 1996 Expiration date: May 1, 1996 For further information, please call: (512) 424-2890 Active Protective Orders 37 TAC sec.sec.27.71-27.76 The Texas Department of Public Safety adopts on an emergency basis new sec.sec.27.71-27.76, concerning active protective orders. The new sections are necessary to implement the active protective order provisions of Senate Bill 130, 74th Legislature, Regular Session, 1995 codified, in part, as the Texas Family Code, Chapter 71, sec.71.17(b)(1) and sec.71.18(c) and Texas Government Code, sec.411.042(b)(5)(A)-(G) and (g). "The Act" creates a state-wide computerized file of active protective orders to be searched by chief law enforcement officers in Texas upon their receipt from licensed firearms dealers of requests for background records checks of prospective transferees under the Brady Handgun Violence Prevention Act. The Act requires the Department of Public Safety to collect specified information into the file and establish rules which ensure that information relating to the issuance and dismissal of an active protective order is reported to the local law enforcement agency at the time of the order's issuance or dismissal and entered into the file by the local law enforcement agency. These sections set forth procedures and implementation for the reporting of active protective orders and the access to information regarding active protective orders. The department finds that adoption of these rules on fewer than 30 days notice is required by state law. The new sections are adopted on an emergency basis pursuant to Texas Family Code, Chapter 71, sec.71.17(b)(1) and sec.71.18(c) and Texas Government Code, sec.411.006(4), and sec.411.042(b)(5)(A)-(G) and (g), which provide the director with the authority to adopt rules, subject to commission approval, considered necessary for the control of the department. sec.27.71 Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Active Protective Order-Refers to a protective order issued under Texas Family Code, Chapter 71, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter, or an emergency protective order not issued under Texas Family Code, Chapter 71. Department-Refers to the Texas Department of Public Safety of the State of Texas. Hit Confirmation -Refers to an exchange of communications between the agency that has entered a protective order in the Protective Order File and a person or agency who has made a potential match of that protective order record in order to verify that the protective order is still active, that the person inquired upon is identical with the subject of the record (both the respondent and the protected person, when appropriate), and to exchange data regarding the conditions and facts of the protective order. The term includes the rules and procedures established by the Federal Bureau of Investigation for hit confirmation of records for missing or wanted persons within the National Crime Information Center. Protected Person -Refers to the party in an application for protective order proceeding who is the applicant or is a member of the family or household for whose benefit the protective order may or was issued. Protective Order File-Refers to a computerized file of active protective orders including a history of protective orders issued after December 31, 1995, and including those which are no longer in effect and are established under Texas Government Code, Article 411.042 and maintained by the department within the Texas Crime Information Center. Respondent-Refers to the party in an application for protective order proceeding who is alleged to have committed family violence. sec.27.72. Reporting of Information Related to the Protective Order File. (a) The clerk of the court issuing an original or modified protective order under Texas Family Code, Chapter 71, including a dismissal of such order, shall send a copy of the order to the department at the following address: CRS/TCIC Control Room -Protective Orders, Texas Department of Public Safety, P.O. Box 4225, Austin, Texas 78765-4225. (b) The clerk of the court issuing an original or modified protective order under Texas Family Code, Chapter 71, including a dismissal of such order, shall send a copy of the order and related information to: the chief of police of the city where the member of the family or household protected by the order resides, if the person resides in a city with a police department, or to the sheriff of the county where the person resides, if the person does not reside in a city with a police department. (c) Information related to the protective order that is not contained in the protective order but is required or optional for entry into the Protective Order File may be sent from the court to the appropriate chief or sheriff on a form supplied by the department or a form supplied by the clerk. Such information must be conveyed to the chief or sheriff at the time of issuance. (d) The protective order and related information shall be sent in a manner which will allow the data to be entered into the Protective Order File by the chief or sheriff immediately thereafter. (e) If the chief or sheriff does not have a telecommunications terminal on the Texas Law Enforcement telecommunications System within their agency, the chief or sheriff shall enter into a written agreement with another law enforcement or criminal justice agency that does have such terminal, for the entry and updating of protective orders in the manner described under these sections. (f) Nothing in these rules prohibits the transmission of the protective order and related information from the clerk or from an automated court system to the appropriate chief or sheriff in an electronic or magnetic manner; however, the appropriate entry, modification, and removal of the record from the Protective Order File, as well as the related file maintenance functions required by the department, remain the responsibility of the chief or sheriff. (g) Nothing in these sections prevents appropriate agencies from entering into written agreements that consolidate or expedite the entry and updating of protective orders in the Protective Order File, if those agreements are approved in advance by the department. (h) The chief or sheriff who enters the order shall retain a copy of the order in a manner accessible 24 hours a day for hit confirmation purposes. sec.27.73. Collection of Information related to the Protective Order File. (a) Although an active protective order may be entered with the minimum mandatory data, the effectiveness of the record entry in identifying the respondent or the protected person upon inquiry is greatly enhanced by inclusion of as much data as possible in the record. (b) Law enforcement agencies are encouraged to obtain information from relevant sources for addition to a Protective Order File record, as long as it can be determined with certainty that the additional data does relate to the named respondent, protected person, or protective order. sec.27.74. Data For Entry Into The Protective Order File. The local law enforcement agency should remit to the department the following information as it relates to the: (1) Respondent: the name, sex, race, ethnicity, place of birth, date of birth, height, weight, skin tone, eye color, hair color, scars, marks, tattoos, fingerprint classification, relationship to protected person, Texas identification card number, state identification card (if from another state), Federal Bureau of Investigation identification number, miscellaneous number, as identified by the Federal Bureau of Investigation for entry of persons into the National Crime Information Center, social security number, operator's license number with operator's license state and operator's license year of expiration, and license plate type, vehicle identification number with vehicle year, vehicle make, vehicle model, vehicle style, and vehicle color, and residence address and street, city, state, zip code, and county. This data is collected in addition to other data as defined by the department. (2) Protected Person: the name, sex, race, ethnicity, date of birth, residence address and street, city, state, zip code, and county, place of employment name, address and street, city, state, zip code; and protected child-care facility name, address and street, city, state, zip code. This data is collected in addition to other data as defined by the department. (3) Protective Order: the ORI, or Federal Bureau of Investigation issued identifier of the law enforcement agency that maintains that protective order document for 24 hours a day access; case number assigned, protective order number, court identifier, date issued, date of expiration, and date of dismissal. This data is collected in addition to other data as defined by the department. sec.27.75. Minimum Data Required for Entry Into The Protective Order File.
      In order to qualify for entry into the Protective Order File, a protective order and its accompanying information must include at a minimum: (1) Information regarding the Respondent to include: the name, sex, race, height, weight, eye color, hair color, county of residence, relationship to protected person, and at least one of the following numeric identifiers, date of birth, Federal Bureau of Investigation identification number, miscellaneous number, as identified by the Federal Bureau of Investigation for entry of persons into the National Crime Information Center, social security number, operator's license number with operator's license state and operator's license year of expiration, license plate number with license plate state, license plate year of expiration, and license plate type; or vehicle identification number with vehicle year, vehicle make, and vehicle style. Although the record can be entered with only one of the above numeric identifiers, it is highly recommended that as many as possible be captured and entered into the file, especially the date of birth; (2) Information regarding the protected person to include: the name, sex, race, date of birth, county of residence. (3) Information regarding the Protective Order to include: the ORI, or Federal Bureau of Investigation issued identifier of the law enforcement agency that maintains that protective order document for 24 hours a day access; case number assigned, protective order number, court identifier, date issued, date of expiration, and date of dismissal. sec.27.76. Access to a National Protective Order File. If the Federal Bureau of Investigation implements a protective order file with the National Crime Information Center, entries, modifications, deletions, and inquiries into the Texas Protective Order File will be forwarded by the department for processing in the national file, to the extent allowed by state and federal law, rule, and policy. Issued in Austin, Texas, on December 19, 1995. TRD-9516544 James R. Wilson Director Texas Department of Public Safety Effective date: January 1, 1996 Expiration date: May 1, 1996 For further information, please call: (512) 424-2890