| 1 | 1 | | 81R9761 JSC-D |
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| 2 | 2 | | By: Rios Ybarra H.B. No. 2132 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to sealing of court records containing identifying |
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| 8 | 8 | | financial information or personal identifying information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 23, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. SEALING OF RECORDS CONTAINING IDENTIFYING FINANCIAL |
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| 13 | 13 | | INFORMATION OR PERSONAL IDENTIFYING INFORMATION |
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| 14 | 14 | | Sec. 23.251. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Identifying financial information" means a tax |
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| 16 | 16 | | identification number or information, other than an individual's |
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| 17 | 17 | | name or address, that can be used to access an account at a bank, |
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| 18 | 18 | | brokerage firm, or other financial institution, including an |
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| 19 | 19 | | account number or a verification of that account number. |
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| 20 | 20 | | (2) "Personal identifying information" has the |
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| 21 | 21 | | meaning assigned by Section 72.001, Business & Commerce Code. |
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| 22 | 22 | | Sec. 23.252. SEALING OF RECORDS. (a) On motion of a |
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| 23 | 23 | | person, including a party or a victim, whose identifying financial |
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| 24 | 24 | | information or personal identifying information is included in the |
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| 25 | 25 | | court's record, the court shall seal the information unless the |
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| 26 | 26 | | court finds good cause not to seal the information. |
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| 27 | 27 | | (b) The court's records sealed under this subchapter are not |
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| 28 | 28 | | open for inspection by any person except: |
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| 29 | 29 | | (1) on further order of the court after notice to the |
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| 30 | 30 | | person whose information is sealed and a finding of good cause; or |
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| 31 | 31 | | (2) in connection with a criminal or civil proceeding |
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| 32 | 32 | | as otherwise provided by law. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a motion to seal records made on or after the effective date of |
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| 35 | 35 | | this Act. A motion to seal records made before the effective date |
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| 36 | 36 | | of this Act is governed by the law in effect immediately before the |
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| 37 | 37 | | effective date of this Act, and the former law is continued in |
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| 38 | 38 | | effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2009. |
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