Texas 2015 - 84th Regular

Texas Senate Bill SB128 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1026 JSC-D
2	2	By: West S.B. No. 128
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal history record information obtained or
8	8	disseminated by certain private entities; providing a civil
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.0851, Government Code, is amended by
12	12	amending Subsections (a) and (b) and adding Subsections (a-1) and
13	13	(d) to read as follows:
14	14	(a) This section applies only to a [A] private entity that:
15	15	(1) compiles and disseminates for compensation
16	16	criminal history record information of individuals; and
17	17	(2) provides the information described by Subdivision
18	18	(1) to a customer on request without verifying the information
19	19	after receipt of the request.
20	20	(a-1) A private entity described by Subsection (a) shall
21	21	destroy and may not disseminate any information in the possession
22	22	of the entity with respect to which the entity has received a
23	23	certified or noncertified copy of the order showing or notice from
24	24	the department that:
25	25	(1) an order of expunction has been issued under
26	26	Article 55.02, Code of Criminal Procedure; or
27	27	(2) an order of nondisclosure has been issued under
28	28	Section 411.081(d).
29	29	(b) Except as otherwise provided by federal law [Unless the
30	30	entity is regulated by the federal Fair Credit Reporting Act (15
31	31	U.S.C. Section 1681 et seq.) or the Gramm-Leach-Bliley Act (15
32	32	U.S.C. Sections 6801 to 6809)], a private entity described by
33	33	Subsection (a) that purchases or otherwise obtains criminal history
34	34	record information that originates from the department, a custodian
35	35	of court records, or [from] another governmental agency or entity
36	36	in this state:
37	37	(1) may disseminate that information:
38	38	(A) [only] if, within the 60-day [90-day] period
39	39	preceding the date of dissemination, the entity verifies [:
40	40	[(A) originally obtains] that the information was
41	41	obtained from or verified by the department, a custodian of court
42	42	records, or another governmental agency or entity in this state
43	43	within that same 60-day period; or
44	44	(B) with a notice [receives] that the information
45	45	was received from the governmental source more than 60 days before
46	46	the date it is being provided and may not reflect the current state
47	47	of the criminal history record information and should be verified
48	48	before taking any action based on the information, to:
49	49	(i) a law enforcement agency; or
50	50	(ii) an investigations agency licensed
51	51	under Chapter 1702, Occupations Code, or similar statute of another
52	52	state or a consumer reporting agency for a purpose regulated under
53	53	the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et
54	54	seq.), if the recipient of the information has certified in writing
55	55	that the information will be used exclusively for the purpose of
56	56	generating investigative leads and will not be shared with any
57	57	other party unless verified as accurate and up to date under Section
58	58	20.071, Business & Commerce Code [as updated record information to
59	59	its database]; and
60	60	(2) shall on a quarterly basis notify the department
61	61	of the name and contact information of each similar entity to which
62	62	[if] the entity sold [sells] any compilation of the information in
63	63	the previous quarter [to another similar entity].
64	64	(d) Information reported to the department under Subsection
65	65	(b)(2) is not subject to Chapter 552.
66	66	SECTION 2. Subchapter F, Chapter 411, Government Code, is
67	67	amended by adding Sections 411.0852, 411.0853, 411.0854, and
68	68	411.0855 to read as follows:
69	69	Sec. 411.0852. ACCESS TO CRIMINAL HISTORY RECORD
70	70	INFORMATION MAINTAINED BY PRIVATE ENTITY; DISPUTES OF ACCURACY.
71	71	(a) On written request by a person who is the subject of criminal
72	72	history record information maintained by a private entity described
73	73	by Section 411.0851(a), the entity shall provide to the person a
74	74	copy of all records regarding that person maintained by the entity
75	75	not later than the 30th business day after the receipt of the
76	76	request.
77	77	(b) A person is entitled to receive one copy of the person's
78	78	criminal history record information pursuant to a request under
79	79	Subsection (a) at no charge to the person each calendar year. An
80	80	entity described by Section 411.0851(a) may charge a reasonable fee
81	81	for subsequent copies requested by the person within a calendar
82	82	year.
83	83	(c) If a person disputes the accuracy of any portion of the
84	84	person's criminal history record information maintained by a
85	85	private entity described by Section 411.0851(a), the person may
86	86	submit a written request to the entity for verification along with
87	87	any supporting documentation, including a copy of a court order, if
88	88	applicable. On receipt of a written request under this subsection,
89	89	the entity shall promptly initiate an investigation into the
90	90	accuracy of the disputed information. Not later than the 30th day
91	91	after the date the written request is received, the entity shall
92	92	complete the investigation, notify the person who is the subject of
93	93	the disputed information of the outcome of the investigation, and
94	94	correct the information as applicable.
95	95	(d) If a person disputes the criminal history record
96	96	information maintained by a private entity described by Section
97	97	411.0851(a) on the basis of an order of nondisclosure or an order of
98	98	expunction, the person may submit a written request to the entity
99	99	for removal of the person's information. Not later than the 15th
100	100	day after receipt of the request accompanied by a certified or
101	101	uncertified copy of the court order, the entity shall remove the
102	102	information that is the subject of the court order.
103	103	(e) A private entity described by Section 411.0851(a) that
104	104	fails to comply with Subsection (c) or (d) is liable for any damages
105	105	that are sustained as a result of the violation by the person who is
106	106	the subject of that information. A person who prevails in an action
107	107	brought under this subsection is also entitled to recover court
108	108	costs and reasonable attorney's fees.
109	109	Sec. 411.0853. PUBLIC DISCLOSURES BY PRIVATE ENTITIES;
110	110	CIVIL PENALTY. (a) Each private entity described by Section
111	111	411.0851(a) shall, not later than the 30th day after the date the
112	112	entity begins doing business in this state, disclose the entity's
113	113	name and contact information to the department in the form and
114	114	manner prescribed by the department.
115	115	(b) Disclosures required under this section are subject to
116	116	Chapter 552. The department shall publish the disclosures required
117	117	under this section on the department's Internet website.
118	118	(c) The department shall adopt rules to implement this
119	119	section.
120	120	(d) An entity that fails to comply with Subsection (a) is
121	121	liable to the state for a civil penalty of $500 for each violation.
122	122	Each day the violation continues constitutes a separate violation
123	123	for purposes of this subsection.
124	124	(e) At the request of the department, the attorney general
125	125	may bring an action to recover the civil penalty authorized by
126	126	Subsection (d). The attorney general and the department may
127	127	recover reasonable expenses incurred in obtaining the civil
128	128	penalty, including court costs, reasonable attorney's fees,
129	129	investigation costs, witness fees, and deposition expenses.
130	130	(f) A civil penalty collected under Subsection (d) shall be
131	131	deposited in the state treasury to the credit of the department for
132	132	the administration of this chapter.
133	133	Sec. 411.0854. DISCLOSURES BY PRIVATE ENTITIES TO
134	134	PURCHASERS OR OTHER RECIPIENTS. A private entity described by
135	135	Section 411.0851(a) shall disclose to each purchaser or recipient
136	136	of criminal history record information at the time the information
137	137	is provided:
138	138	(1) the name of the governmental entity from which the
139	139	information originated; and
140	140	(2) the date on which the information was last
141	141	received from or updated by the governmental entity.
142	142	Sec. 411.0855. DUTIES OF PURCHASER OR RECIPIENT OF CRIMINAL
143	143	HISTORY RECORD INFORMATION USED FOR EMPLOYMENT, LICENSING, OR
144	144	HOUSING. (a) In this section, "adverse decision" means a decision
145	145	to disqualify an individual or otherwise negatively affect the
146	146	eligibility of an individual for employment, licensing, or housing.
147	147	(b) A person who purchases, accesses, or otherwise receives
148	148	criminal history record information and uses the information as the
149	149	basis for an adverse decision regarding the employment, licensing,
150	150	or housing of the individual who is the subject of the information
151	151	shall disclose to that individual the name and contact information
152	152	of the entity from which the person received the information.
153	153	SECTION 3. Subchapter C, Chapter 20, Business & Commerce
154	154	Code, is amended by adding Section 20.071 to read as follows:
155	155	Sec. 20.071. FURNISHING OF CONSUMER REPORT FOR EMPLOYMENT
156	156	OR HOUSING PURPOSES; EXCEPTION FOR NATIONAL SECURITY
157	157	INVESTIGATION. (a) This section does not apply to the furnishing
158	158	of a consumer report to an agency or department of the federal
159	159	government that seeks to obtain and use the report for employment
160	160	purposes and whose agency or department head makes a written
161	161	finding as prescribed by 15 U.S.C. Section 1681b(b)(4)(A).
162	162	(b) A consumer reporting agency that compiles and reports
163	163	information related to a consumer's criminal history for purposes
164	164	of furnishing a consumer report for employment or housing purposes
165	165	shall implement and maintain strict procedures designed to ensure
166	166	that the criminal history record information reported is complete
167	167	and up to date. For purposes of this subsection, criminal history
168	168	record information contained in a consumer report is considered:
169	169	(1) complete if the information reflects:
170	170	(A) the offense alleged;
171	171	(B) the jurisdiction in which the criminal
172	172	history record information originated;
173	173	(C) the date of the arrest or filing of criminal
174	174	charges;
175	175	(D) the current status of any criminal case
176	176	proceeding, if charges have been filed; and
177	177	(E) the disposition of the case and the date of
178	178	that disposition, if applicable; and
179	179	(2) up to date if the information related to an arrest,
180	180	filing of criminal charges, or conviction or other disposition of
181	181	the case reflects the most recent public record status of the
182	182	information described by Subdivision (1) at the time the consumer
183	183	report is requested.
184	184	SECTION 4. (a) Section 411.0851, Government Code, as
185	185	amended by this Act, applies only to information disseminated on or
186	186	after the effective date of this Act. Information disseminated
187	187	before the effective date of this Act is governed by the law in
188	188	effect on the date the information was disseminated, and the former
189	189	law is continued in effect for that purpose.
190	190	(b) The Department of Public Safety shall adopt rules to
191	191	implement Section 411.0853, Government Code, as added by this Act,
192	192	not later than January 1, 2016.
193	193	(c) An entity subject to Section 411.0853, Government Code,
194	194	as added by this Act, is not required to submit the initial
195	195	disclosures required under that section before February 1, 2016.
196	196	(d) Section 411.0854, Government Code, as added by this Act,
197	197	applies only to criminal history record information provided to a
198	198	purchaser or recipient on or after the effective date of this Act.
199	199	Criminal history record information provided to a purchaser or
200	200	recipient before the effective date of this Act is governed by the
201	201	law in effect on the date the information was provided, and the
202	202	former law is continued in effect for that purpose.
203	203	(e) Section 411.0855, Government Code, as added by this Act,
204	204	applies only to criminal history record information purchased,
205	205	accessed, received, or otherwise used on or after the effective
206	206	date of this Act. Criminal history record information purchased,
207	207	accessed, received, or otherwise used before the effective date of
208	208	this Act is governed by the law in effect on the date the
209	209	information was purchased, accessed, received, or otherwise used,
210	210	and the former law is continued in effect for that purpose.
211	211	SECTION 5. Not later than October 1, 2015, a private entity
212	212	that compiles and disseminates for compensation criminal history
213	213	record information shall:
214	214	(1) submit the initial quarterly notification under
215	215	Section 411.0851, Government Code, as amended by this Act; and
216	216	(2) file the information required by Section 411.0853,
217	217	Government Code, as added by this Act.
218	218	SECTION 6. This Act takes effect September 1, 2015.