81R15126 KEL-D
By: Carona S.B. No. 1971
A BILL TO BE ENTITLED
AN ACT
relating to the collection, maintenance, and transfer and other
dissemination of criminal history record information and juvenile
justice information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.042(b), Government Code, as amended
by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B. 9), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of offenses in which
family violence was involved and a statistical breakdown of
offenses under Sections 22.011 and 22.021, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders. Information in the
law enforcement information system relating to an active protective
order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed; and
(G) the date the order expires; [and]
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) [(7)] collect and disseminate information
regarding offenders with mental impairments in compliance with
Chapter 614, Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
SECTION 2. Section 411.083(b), Government Code, is amended
to read as follows:
(b) The department shall grant access to criminal history
record information to:
(1) criminal justice agencies;
(2) noncriminal justice agencies authorized by
federal statute or executive order or by state statute to receive
criminal history record information;
(3) the person who is the subject of the criminal
history record information;
(4) a person working on a research or statistical
project that:
(A) is funded in whole or in part by state funds;
or
(B) meets the requirements of Part 22, Title 28,
Code of Federal Regulations, and is approved by the department;
(5) an individual or an agency that has a specific
agreement with a criminal justice agency to provide services
required for the administration of criminal justice under that
agreement, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information; [and]
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(6) an individual or an agency that has a specific
agreement with a noncriminal justice agency to provide services
related to the use of criminal history record information
disseminated under this subchapter, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information; [and]
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(7) a county or district clerk's office; and
(8) the Office of Court Administration of the Texas
Judicial System.
SECTION 3. Section 411.084(b), Government Code, is amended
to read as follows:
(b) Notwithstanding Subsection (a) or any other provision
in this subchapter, criminal history record information obtained
from the Federal Bureau of Investigation may be released or
disclosed only to a governmental entity or as authorized by federal
law and regulations [statute, federal rule], [or] federal executive
orders, and federal policy [order].
SECTION 4. Sections 411.0845(e), (i), and (k), Government
Code, are amended to read as follows:
(e) A person entitled to receive criminal history record
information under this section must provide the department with the
following information regarding the person who is the subject of
the criminal history record information requested:
(1) the person's full name, date of birth, sex, [Texas
driver's license number or personal identification certificate
number,] and social security number, and the number assigned to any
form of unexpired identification card issued by this state or
another state, the District of Columbia, or a territory of the
United States that includes the person's photograph;
(2) a recent electronic digital image photograph of
the person and a complete set of the person's fingerprints as
required by the department; and
(3) any other information required by the department.
(i) The release under this section of any criminal history
record information maintained by the Federal Bureau of
Investigation, including the computerized information submitted to
the federal database maintained by the Federal Bureau of
Investigation as described by Section 411.042(b)(9)(B), is subject
to federal law and regulations, federal executive orders, and
federal policy.
(k) A governmental agency may coordinate with the
department regarding the use of the fingerprinting fee collection
process to collect [collection of] a fee for the criminal history
record information and any other fees associated with obtaining a
person's fingerprints as required by the department [through the
fingerprinting fee collection process].
SECTION 5. Section 411.085(a), Government Code, is amended
to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally:
(1) obtains criminal history record information in an
unauthorized manner, uses the information for an unauthorized
purpose, or discloses the information to a person who is not
entitled to the information;
[(2) provides a person with a copy of the person's
criminal history record information obtained from the department;]
or
(2) [(3)] violates a rule of the department adopted
under this subchapter.
SECTION 6. Section 411.094(d), Government Code, is amended
to read as follows:
(d) Criminal history record information received by an
institution of higher education under Subsection (b) may not be
released or disclosed to any person except on court order or with
the consent of the person who is the subject of the criminal history
record information.
SECTION 7. Section 411.0985(c), Government Code, is
amended to read as follows:
(c) The Texas Commission for the Blind may not release or
disclose information obtained under Subsection (a) except on court
order or with the consent of the person who is the subject of the
criminal history record information.
SECTION 8. Section 411.1005(b), Government Code, is
amended to read as follows:
(b) Information received by the state bar is confidential
and may be disseminated only:
(1) in a disciplinary action or proceeding conducted
by the state bar, the Board of Disciplinary Appeals, or any court;
or
(2) with the consent of the person who is the subject
of the criminal history record information.
SECTION 9. Section 411.1131(c), Government Code, is
amended to read as follows:
(c) The Texas Commission for the Deaf and Hard of Hearing
may not release or disclose information obtained under Subsection
(a), except on court order or with the consent of the person who is
the subject of the criminal history record information, and shall
destroy all criminal history record information obtained under
Subsection (a) after the information is used for its authorized
purpose.
SECTION 10. Section 411.1182(c), Government Code, is
amended to read as follows:
(c) Criminal history information obtained from the
department may not be released or disclosed except:
(1) as needed in protecting the security of a
commercial nuclear power plant;
(2) [or] as authorized by the United States Nuclear
Regulatory Commission, a court order, or a federal or state law or
order; or
(3) with the consent of the person who is the subject
of the criminal history record information.
SECTION 11. Section 411.120(b), Government Code, is
amended to read as follows:
(b) Criminal history record information obtained by a
county judge under Subsection (a) may not be released or disclosed
to any person except in a hearing held under Chapter 25 or 69,
Alcoholic Beverage Code, or with the consent of the person who is
the subject of the criminal history record information.
SECTION 12. Section 411.1236(b), Government Code, is
amended to read as follows:
(b) Criminal history record information obtained by the
Texas Commission on Fire Protection under Subsection (a) 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, or if [unless] the information is entered into
evidence by the board in an administrative, civil, or criminal
hearing under Chapter 419.
SECTION 13. Section 411.136(e), Government Code, is
amended to read as follows:
(e) All criminal history record information received by a
public or nonprofit hospital or hospital district under this
section is privileged, confidential, and intended for the exclusive
use of the entity that obtained the information. The hospital or
district may not release or disclose criminal history record
information to any person or agency except in a criminal
proceeding, in a hearing conducted by the hospital or district, to
another governmental entity as required by law, [or] as required by
court order, or with the consent of the person who is the subject of
the criminal history record information.
SECTION 14. Section 411.139(b), Government Code, is
amended to read as follows:
(b) Criminal history record information obtained by the
securities commissioner under this section may not be released by
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, unless the information is entered into evidence by the
State Securities Board or a court at an administrative proceeding
or a civil or criminal action under The Securities Act (Article
581-1 et seq., Vernon's Texas Civil Statutes).
SECTION 15. Section 411.140(b), Government Code, is
amended to read as follows:
(b) Information received by the State Commission on
Judicial Conduct is confidential and may be disseminated only in an
investigation or proceeding conducted by the commission or with the
consent of the person who is the subject of the criminal history
record information.
SECTION 16. Section 411.1402(c), Government Code, is
amended to read as follows:
(c) The Employees Retirement System of Texas may not release
or disclose information obtained under Subsection (a) except on
court order or with the consent of the person who is the subject of
the criminal history record information.
SECTION 17. Section 411.1406(d), Government Code, as added
by Chapter 406 (S.B. 885), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(d) The court may not release or disclose information
obtained under Subsection (b) except on order of a district court or
with the consent of the person who is the subject of the criminal
history record information.
SECTION 18. To the extent of any conflict, this Act prevails
over another Act of the 81st Legislature, Regular Session, 2009,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 19. 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.