81R9761 JSC-D
By: Rios Ybarra H.B. No. 2132
A BILL TO BE ENTITLED
AN ACT
relating to sealing of court records containing identifying
financial information or personal identifying information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 23, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. SEALING OF RECORDS CONTAINING IDENTIFYING FINANCIAL
INFORMATION OR PERSONAL IDENTIFYING INFORMATION
Sec. 23.251. DEFINITIONS. In this subchapter:
(1) "Identifying financial information" means a tax
identification number or information, other than an individual's
name or address, that can be used to access an account at a bank,
brokerage firm, or other financial institution, including an
account number or a verification of that account number.
(2) "Personal identifying information" has the
meaning assigned by Section 72.001, Business & Commerce Code.
Sec. 23.252. SEALING OF RECORDS. (a) On motion of a
person, including a party or a victim, whose identifying financial
information or personal identifying information is included in the
court's record, the court shall seal the information unless the
court finds good cause not to seal the information.
(b) The court's records sealed under this subchapter are not
open for inspection by any person except:
(1) on further order of the court after notice to the
person whose information is sealed and a finding of good cause; or
(2) in connection with a criminal or civil proceeding
as otherwise provided by law.
SECTION 2. The change in law made by this Act applies only
to a motion to seal records made on or after the effective date of
this Act. A motion to seal records made before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. 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, 2009.