82R2159 JSC-D
By: Solomons H.B. No. 501
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of civil liability and injunctive
relief for the dissemination of certain criminal history record
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0853 to read as follows:
Sec. 411.0853. DISSEMINATION OF CERTAIN CRIMINAL HISTORY
RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. (a) Except as
otherwise provided by this subchapter, a person may not disseminate
any criminal history record information in the person's possession
with respect to which the person has knowledge or 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).
(b) A person that disseminates information in violation of
Subsection (a) is liable to the individual who is the subject of the
information in an amount not to exceed $25,000 for each separate
violation and, in the case of a continuing violation, $5,000 for
each subsequent day on which the violation occurs.
(c) In an action brought under this section, the court may
grant injunctive relief to prevent or restrain a violation of this
section.
(d) An individual who prevails in an action brought under
this section is also entitled to recover court costs and reasonable
attorney's fees.
SECTION 2. The changes in law made by this Act apply to the
release of criminal history record information on or after the
effective date of this Act, regardless of whether the criminal
offense to which the information relates is committed before, on,
or after that date.
SECTION 3. This Act takes effect September 1, 2011.