Texas 2015 - 84th Regular

Texas House Bill HB2700 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23688 LEH-F
2	2	By: Thompson of Harris H.B. No. 2700
3	3	Substitute the following for H.B. No. 2700:
4	4	By: Elkins C.S.H.B. No. 2700
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release of bulk criminal history record information
10	10	by certain individuals and agencies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 552, Government Code, is
13	13	amended by adding Section 552.1426 to read as follows:
14	14	Sec. 552.1426. DISSEMINATION OF BULK CRIMINAL HISTORY
15	15	RECORD INFORMATION. (a) In this section:
16	16	(1) "Bulk criminal history record information
17	17	request" means a request submitted to a district clerk, county
18	18	clerk, clerk of a justice or municipal court, or criminal justice
19	19	agency for production, in any format, of all or a significant
20	20	portion of the criminal history record information maintained by
21	21	that clerk, court, or agency. The term does not include a request
22	22	for all or a significant portion of the criminal history record
23	23	information for a specifically named person.
24	24	(2) "Criminal history record information" means
25	25	information about a person that is collected or maintained by a
26	26	district clerk, county clerk, clerk of a justice or municipal
27	27	court, or a criminal justice agency and that consists of
28	28	identifiable descriptions and notations of arrests, detentions,
29	29	indictments, informations, and other formal criminal charges and
30	30	their dispositions. The term does not include:
31	31	(A) identification information, including
32	32	fingerprint records, to the extent that the identification
33	33	information does not indicate involvement of the person in the
34	34	criminal justice system;
35	35	(B) traffic offense information maintained by a
36	36	clerk of a municipal or justice court; or
37	37	(C) driving record information maintained by the
38	38	Department of Public Safety under Subchapter C, Chapter 521,
39	39	Transportation Code.
40	40	(3) "Criminal justice agency" has the meaning assigned
41	41	by Section 411.082.
42	42	(b) Except as provided by Subsection (d), a district clerk,
43	43	county clerk, clerk of a justice or municipal court, or criminal
44	44	justice agency, other than the Department of Public Safety, that
45	45	receives from any person or entity a bulk criminal history record
46	46	information request concerning Class A or Class B or felony
47	47	offenses for which a final judgment has been rendered shall deny the
48	48	request and provide the requestor with instructions for submitting
49	49	a bulk criminal history record information request to the
50	50	Department of Public Safety.
51	51	(c) Except as provided by Subsection (d), a district clerk,
52	52	county clerk, clerk of a justice or municipal court, or criminal
53	53	justice agency that grants a bulk criminal history record
54	54	information request that is submitted by any person or entity and
55	55	concerns Class C offenses for which final judgment has been
56	56	rendered or Class C offenses that are pending final disposition
57	57	shall:
58	58	(1) maintain a record of the name and contact
59	59	information of the requestor and the most recent date criminal
60	60	history record information was provided to the requestor; and
61	61	(2) publish the record on the clerk's or agency's
62	62	Internet website or, if the clerk or agency does not maintain an
63	63	Internet website, prominently display the record in a public area
64	64	of the clerk's or agency's place of business.
65	65	(d) Notwithstanding Subsection (b), a district clerk,
66	66	county clerk, clerk of a justice or municipal court, or criminal
67	67	justice agency may grant a bulk criminal history record information
68	68	request under this subsection if the court or agency is in a
69	69	jurisdiction that has adopted rules to ensure the provision of
70	70	notice of any updates to a particular criminal history record to
71	71	each person who received that criminal history record in response
72	72	to the submission of a bulk criminal history record information
73	73	request. Subsection (c) does not apply to a bulk criminal history
74	74	record information request concerning Class C offenses described by
75	75	that subsection that is granted in accordance with this subsection.
76	76	A district clerk, county clerk, clerk of a justice or municipal
77	77	court, or criminal justice agency authorized to release bulk
78	78	criminal history record information under this subsection shall
79	79	update applicable records not later than the 30th day after the date
80	80	the clerk or agency discovers a change to a person's criminal
81	81	history record information that was included in a response to the
82	82	submission of a bulk criminal history record information request.
83	83	(e) This section does not restrict public access to criminal
84	84	history record information, other than through a bulk criminal
85	85	history record information request, or limit the general discretion
86	86	or authority of any district clerk, county clerk, clerk of a justice
87	87	or municipal court, or criminal justice agency.
88	88	SECTION 2. Section 411.087(a), Government Code, is amended
89	89	to read as follows:
90	90	(a) Unless otherwise authorized by Subsection (e), a
91	91	person, agency, department, political subdivision, or other entity
92	92	that is authorized by this subchapter to obtain from the department
93	93	criminal history record information maintained by the department
94	94	that relates to another person is authorized to:
95	95	(1) obtain through the Federal Bureau of Investigation
96	96	criminal history record information maintained or indexed by that
97	97	bureau that pertains to that person; or
98	98	(2) obtain from any other criminal justice agency in
99	99	this state criminal history record information maintained by that
100	100	criminal justice agency that relates to that person, except as
101	101	otherwise provided by Section 552.1426.
102	102	SECTION 3. This Act takes effect September 1, 2015.