By: Rodriguez S.B. No. 1044
(Walle, Moody)
A BILL TO BE ENTITLED
AN ACT
relating to access to criminal history record information by
certain entities, including certain local government corporations,
public defender's offices, and the office of capital writs, and to
an exemption for those offices from fees imposed for processing
inquiries for that information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.082, Government Code, is amended by
adding Subdivisions (5) and (6) to read as follows:
(5) "Office of capital writs" means the office of
capital writs established under Subchapter B, Chapter 78.
(6) "Public defender's office" has the meaning
assigned by Article 26.044(a), Code of Criminal Procedure.
SECTION 2. Section 411.088, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as otherwise provided by Subsection (a-1), the
[The] department may charge a person [that is not primarily a
criminal justice agency] a fee for processing inquiries for
criminal history record information. The department may charge:
(1) a fee of $10 for each inquiry for criminal history
record information on a person that is processed only on the basis
of the person's name, unless the inquiry is submitted
electronically or by magnetic media, in which event the fee is $1;
(2) a fee of $15 for each inquiry for criminal history
record information on a person that is processed on the basis of a
fingerprint comparison search; and
(3) except as provided by Subsection (b), actual costs
for processing all other information inquiries.
(a-1) The department may not charge a fee under Subsection
(a) for providing criminal history record information to:
(1) a criminal justice agency;
(2) the office of capital writs; or
(3) a public defender's office.
SECTION 3. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1272 to read as follows:
Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S
OFFICES. The office of capital writs and a public defender's office
are entitled to obtain from the department criminal history record
information maintained by the department that relates to a criminal
case in which an attorney compensated by the office of capital writs
or by the public defender's office has been appointed.
SECTION 4. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1301 to read as follows:
Sec. 411.1301. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN
CRIMINAL IDENTIFICATION ACTIVITIES. (a) This section applies
only to a local government corporation that is created under
Subchapter D, Chapter 431, Transportation Code, for governmental
purposes relating to criminal identification activities, including
forensic analysis, and that allocates a substantial part of its
annual budget to those criminal identification activities.
(b) A local government corporation described by Subsection
(a) is entitled to obtain from the department criminal history
record information maintained by the department that relates to a
person who:
(1) is an employee or an applicant for employment with
the local government corporation;
(2) is a consultant, intern, or volunteer for the
local government corporation or an applicant to serve as a
consultant, intern, or volunteer;
(3) proposes to enter into a contract with or has a
contract with the local government corporation to perform services
for or supply goods to the local government corporation; or
(4) is an employee or subcontractor, or an applicant
to be an employee or subcontractor, of a contractor that provides
services to the local government corporation.
(c) Criminal history record information obtained by a local
government corporation under Subsection (b) may not be released or
disclosed to any person except:
(1) on court order; or
(2) with the consent of the person who is the subject
of the criminal history record information.
SECTION 5. This Act takes effect September 1, 2013.