H.B. No. 1184
AN ACT
relating to access to criminal history record information for use
in certain research or statistical projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.083(b), Government Code, is amended
to read as follows:
(b) The department shall grant access to criminal history
record information to:
(1) criminal justice agencies;
(2) noncriminal justice agencies authorized by
federal statute or executive order or by state statute to receive
criminal history record information;
(3) the person who is the subject of the criminal
history record information;
(4) a person, including a research organization or
public or private institution of higher education, working on a
research or statistical project that is related to the
administration of criminal justice and approved by the department
and that:
(A) is funded in whole or in part by a criminal
justice grant or government [state] funds; or
(B) meets the requirements of Part 22, Title 28,
Code of Federal Regulations[, and is approved by the department];
(5) an individual or an agency that has a specific
agreement with a criminal justice agency to provide services
required for the administration of criminal justice under that
agreement, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information;
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(6) an individual or an agency that has a specific
agreement with a noncriminal justice agency to provide services
related to the use of criminal history record information
disseminated under this subchapter, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information;
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(7) a county or district clerk's office; and
(8) the Office of Court Administration of the Texas
Judicial System.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1184 was passed by the House on April
28, 2023, by the following vote: Yeas 122, Nays 23, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1184 was passed by the Senate on May
18, 2023, by the following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor