Texas 2023 - 88th Regular

Texas House Bill HB1184 Compare Versions

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11 H.B. No. 1184
22
33
44 AN ACT
55 relating to access to criminal history record information for use
66 in certain research or statistical projects.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 411.083(b), Government Code, is amended
99 to read as follows:
1010 (b) The department shall grant access to criminal history
1111 record information to:
1212 (1) criminal justice agencies;
1313 (2) noncriminal justice agencies authorized by
1414 federal statute or executive order or by state statute to receive
1515 criminal history record information;
1616 (3) the person who is the subject of the criminal
1717 history record information;
1818 (4) a person, including a research organization or
1919 public or private institution of higher education, working on a
2020 research or statistical project that is related to the
2121 administration of criminal justice and approved by the department
2222 and that:
2323 (A) is funded in whole or in part by a criminal
2424 justice grant or government [state] funds; or
2525 (B) meets the requirements of Part 22, Title 28,
2626 Code of Federal Regulations[, and is approved by the department];
2727 (5) an individual or an agency that has a specific
2828 agreement with a criminal justice agency to provide services
2929 required for the administration of criminal justice under that
3030 agreement, if the agreement:
3131 (A) specifically authorizes access to
3232 information;
3333 (B) limits the use of information to the purposes
3434 for which it is given;
3535 (C) ensures the security and confidentiality of
3636 the information;
3737 (D) provides for sanctions if a requirement
3838 imposed under Paragraph (A), (B), or (C) is violated; and
3939 (E) requires the individual or agency to perform
4040 the applicable services in a manner prescribed by the department;
4141 (6) an individual or an agency that has a specific
4242 agreement with a noncriminal justice agency to provide services
4343 related to the use of criminal history record information
4444 disseminated under this subchapter, if the agreement:
4545 (A) specifically authorizes access to
4646 information;
4747 (B) limits the use of information to the purposes
4848 for which it is given;
4949 (C) ensures the security and confidentiality of
5050 the information;
5151 (D) provides for sanctions if a requirement
5252 imposed under Paragraph (A), (B), or (C) is violated; and
5353 (E) requires the individual or agency to perform
5454 the applicable services in a manner prescribed by the department;
5555 (7) a county or district clerk's office; and
5656 (8) the Office of Court Administration of the Texas
5757 Judicial System.
5858 SECTION 2. This Act takes effect September 1, 2023.
5959 ______________________________ ______________________________
6060 President of the Senate Speaker of the House
6161 I certify that H.B. No. 1184 was passed by the House on April
6262 28, 2023, by the following vote: Yeas 122, Nays 23, 2 present, not
6363 voting.
6464 ______________________________
6565 Chief Clerk of the House
6666 I certify that H.B. No. 1184 was passed by the Senate on May
6767 18, 2023, by the following vote: Yeas 26, Nays 5.
6868 ______________________________
6969 Secretary of the Senate
7070 APPROVED: _____________________
7171 Date
7272 _____________________
7373 Governor