84R24902 MK-F
By: McClendon H.B. No. 1491
Substitute the following for H.B. No. 1491:
By: Dutton C.S.H.B. No. 1491
A BILL TO BE ENTITLED
AN ACT
relating to the publication of confidential criminal and juvenile
justice records of certain juveniles; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 109, Business & Commerce
Code, as added by Chapter 1200 (S.B. 1289), Acts of the 83rd
Legislature, Regular Session, 2013, is amended to read as follows:
CHAPTER 109. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF CERTAIN
CRIMINAL RECORD OR JUVENILE RECORD INFORMATION
SECTION 2. Section 109.001, Business & Commerce Code, as
added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
Regular Session, 2013, is amended by adding Subdivisions (5) and
(6) to read as follows:
(5) "Confidential criminal record information of a
child" means information about a person's involvement in the
criminal justice system resulting from conduct that occurred or was
alleged to occur when the person was younger than 17 years of age
that is confidential under Chapter 45, Code of Criminal Procedure,
or other law. The term does not include:
(A) criminal record information of a person
certified to stand trial as an adult for that conduct, as provided
by Section 54.02, Family Code; or
(B) information relating to a traffic offense.
(6) "Confidential juvenile record information" means
information about a person's involvement in the juvenile justice
system that is confidential, sealed, under restricted access, or
required to be destroyed under Chapter 58, Family Code, or other
law, including:
(A) a description or notation of any referral to
a juvenile probation department or court with jurisdiction under
Title 3, Family Code, including any instances of being taken into
custody, any informal disposition of a custodial or referral event,
or any formal charges and the disposition of those charges;
(B) a photograph of the person taken pursuant to
a custodial event or other involvement in the juvenile justice
system under Title 3, Family Code; and
(C) personal identifying information of the
person contained in any other records of the person's involvement
in the juvenile justice system.
SECTION 3. Section 109.002, Business & Commerce Code, as
added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
Regular Session, 2013, is amended to read as follows:
Sec. 109.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies to:
(1) a business entity that:
(A) [(1)] publishes criminal record information,
including information:
(i) [(A)] originally obtained pursuant to a
request for public information under Chapter 552, Government Code;
or
(ii) [(B)] purchased or otherwise obtained
by the entity or an affiliated business entity from the Department
of Public Safety under Subchapter F, Chapter 411, Government Code;
and
(B) [(2)] requires the payment:
(i) [(A)] of a fee in an amount of $150 or
more or other consideration of comparable value to remove criminal
record information; or
(ii) [(B)] of a fee or other consideration
to correct or modify criminal record information; or
(2) a business entity that publishes confidential
juvenile record information or confidential criminal record
information of a child in a manner not permitted by Chapter 58,
Family Code, Chapter 45, Code of Criminal Procedure, or other law,
regardless of:
(A) the source of the information; or
(B) whether the business entity charges a fee for
access to or removal or correction of the information.
(b) This chapter does not apply to:
(1) a statewide juvenile information and case
management system authorized by Subchapter E, Chapter 58, Family
Code;
(2) a publication of general circulation or an
Internet website related to such a publication that contains news
or other information, including a magazine, periodical newsletter,
newspaper, pamphlet, or report; or
(3) a radio or television station that holds a license
issued by the Federal Communications Commission.
SECTION 4. Chapter 109, Business & Commerce Code, as added
by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, Regular
Session, 2013, is amended by adding Section 109.0045 to read as
follows:
Sec. 109.0045. PUBLICATION OF CONFIDENTIAL JUVENILE RECORD
INFORMATION OR CONFIDENTIAL CRIMINAL RECORD INFORMATION OF A CHILD
PROHIBITED. (a) A business entity may not publish confidential
juvenile record information or confidential criminal record
information of a child.
(b) If a business entity receives a written notice by any
person that the business entity is publishing information in
violation of this section, the business entity must immediately
remove the information from the website or publication.
(c) If the business entity confirms that the information is
not confidential juvenile record information or confidential
criminal record information of a child and is not otherwise
prohibited from publication, the business entity may republish the
information.
(d) This section does not entitle a business entity to
access confidential juvenile record information or confidential
criminal record information of a child.
(e) A business entity does not violate this chapter if the
business entity published confidential juvenile record information
or confidential criminal record information of a child and:
(1) the child who is the subject of the records gives
written consent to the publication on or after the 18th birthday of
the child;
(2) the publication of the information is authorized
or required by other law; or
(3) the business entity is an interactive computer
service, as defined by 47 U.S.C. Section 230, and published
material provided by another person.
SECTION 5. Section 109.005, Business & Commerce Code, as
added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
Regular Session, 2013, is amended by adding Subsection (a-1) and
amending Subsection (b) to read as follows:
(a-1) Except as provided by Section 109.0045(e), a business
entity may not publish any information with respect to which the
business entity has knowledge or has received notice that the
information is confidential juvenile record information or
confidential criminal record information of a child.
(b) A business entity that publishes information in
violation of this section [Subsection (a)] is liable to the
individual who is the subject of the information in an amount not to
exceed $500 for each separate violation and, in the case of a
continuing violation, an amount not to exceed $500 for each
subsequent day on which the violation occurs.
SECTION 6. Section 109.006(a), Business & Commerce Code, as
added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
Regular Session, 2013, is amended to read as follows:
(a) A business entity that publishes criminal record
information, confidential juvenile record information, or
confidential criminal record information of a child in violation of
this chapter is liable to the state for a civil penalty in an amount
not to exceed $500 for each separate violation and, in the case of a
continuing violation, an amount not to exceed $500 for each
subsequent day on which the violation occurs. For purposes of this
subsection, each [criminal] record published in violation of this
chapter constitutes a separate violation.
SECTION 7. Section 109.007, Business & Commerce Code, as
added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
Regular Session, 2013, is amended to read as follows:
Sec. 109.007. VENUE. An action under this chapter must be
brought in a district court:
(1) in Travis County if the action is brought by the
attorney general;
(2) in the county in which the person who is the
subject of the criminal record information, confidential juvenile
record information, or confidential criminal record information of
a child resides; or
(3) in the county in which the business entity is
located.
SECTION 8. Chapter 109, Business & Commerce Code, as added
by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, Regular
Session, 2013, as amended by this Act, applies to any publication of
criminal record information, confidential juvenile record
information, or confidential criminal record information of a child
that occurs on or after the effective date of this Act, regardless
of whether:
(1) the information relates to events or activities
that occurred before, on, or after that date; or
(2) the information was initially published before
that date.
SECTION 9. This Act takes effect September 1, 2015.