S.B. No. 1056
AN ACT
relating to authorizing a criminal justice agency to disclose
certain criminal history record information and to orders of
disclosure regarding such information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.081, Government Code, is amended by
adding Subsections (f-1) and (j) and amending Subsection (i) to
read as follows:
(f-1) In this subsection, "child" has the meaning assigned
by Section 51.02, Family Code. Notwithstanding any other provision
of this subchapter, on conviction of a child for a misdemeanor
offense punishable by fine only that does not constitute conduct
indicating a need for supervision under Section 51.03, Family Code,
the convicting court shall immediately issue an order prohibiting
criminal justice agencies from disclosing to the public criminal
history record information related to the offense. A criminal
justice agency may disclose criminal history record information
that is the subject of the order only to other criminal justice
agencies for criminal justice purposes, to an agency or entity
listed in Subsection (j), or to the person who is the subject of the
order.
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) to the following noncriminal justice agencies
or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Youth Commission;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district;
(18) the Texas Juvenile Probation Commission;
(19) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, or the
credit union commissioner;
(20) the Texas State Board of Public Accountancy;
(21) the Texas Department of Licensing and Regulation;
(22) the Health and Human Services Commission;
(23) the Department of Aging and Disability Services;
[and]
(24) the Texas Education Agency;
(25) the Guardianship Certification Board; and
(26) a county clerk's office in relation to a
proceeding for the appointment of a guardian under Chapter XIII,
Texas Probate Code.
(j) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (f-1) to the following agencies or entities only:
(1) the Texas Youth Commission;
(2) the Texas Juvenile Probation Commission;
(3) the Department of State Health Services, a local
mental health or mental retardation authority, or a community
center providing services to persons with mental illness or
retardation;
(4) the Department of Family and Protective Services;
(5) a juvenile probation department;
(6) a municipal or county health department;
(7) a public or nonprofit hospital or hospital
district;
(8) a county department that provides services to
at-risk youth or their families;
(9) a children's advocacy center established under
Section 264.402, Family Code;
(10) a school district, charter school, private
school, regional education service center, commercial
transportation company, or education shared service arrangement;
and
(11) a safe house providing shelter to children in
harmful situations.
SECTION 2. Subsection (a), Section 411.0851, Government
Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) or (f-1).
SECTION 3. The heading to Section 552.142, Government Code,
is amended to read as follows:
Sec. 552.142. EXCEPTION: RECORDS OF CERTAIN DEFERRED
ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY.
SECTION 4. Subsection (a), Section 552.142, Government
Code, is amended to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if an order of nondisclosure with respect to the
information has been issued under Section 411.081(d) or (f-1).
SECTION 5. Subsection (a), Section 552.1425, Government
Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under
Section 411.081(d) or (f-1).
SECTION 6. The change in law made by this Act applies to a
conviction that occurs on or after the effective date of this Act,
regardless of whether the offense was committed before, on, or
after the effective date of this Act.
SECTION 7. Notwithstanding Section 6 of this Act, a child,
as that term is defined by Section 51.02, Family Code, who is
convicted of a misdemeanor offense punishable by fine only that
does not constitute conduct indicating a need for supervision under
Section 51.03, Family Code, before the effective date of this Act
may petition the court for an order of nondisclosure, and the court
shall issue the order under Subsection (f-1), Section 411.081,
Government Code, as added by this Act.
SECTION 8. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1056 passed the Senate on
April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1056 passed the House, with
amendment, on May 26, 2009, by the following vote: Yeas 142,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor