Texas 2023 - 88th Regular

Texas Senate Bill SB1973 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Bettencourt S.B. No. 1973
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to criminal history record information for certain special
7	7	master, magistrate, referee, or other court official applicants
8	8	appointed or employed by state judges.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 54, Government Code, is amended by
11	11	adding Subchapter A to read as follows:
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION
14	14	REQUIREMENTS FOR CERTAIN APPLICANTS. (a) This section applies to
15	15	an applicant seeking appointment or employment under this chapter
16	16	in a court of this state as a special master, magistrate, referee,
17	17	or other court official who assesses or determines the eligibility
18	18	or amount of bail for a criminal defendant.
19	19	(b) A court shall require an applicant for a position
20	20	described by Subsection (a) to submit a complete and legible set of
21	21	fingerprints, on a form prescribed by the Office of Court
22	22	Administration of the Texas Judicial System, to the court or to the
23	23	Department of Public Safety for the purpose of obtaining criminal
24	24	history record information from the Department of Public Safety and
25	25	the Federal Bureau of Investigation.
26	26	(c) A court may not appoint or employ an applicant for a
27	27	position described by Subsection (a) unless the court conducts a
28	28	criminal history record check of the applicant using information:
29	29	(1) provided by the applicant under this section; and
30	30	(2) made available to the court by the Department of
31	31	Public Safety, the Federal Bureau of Investigation, and any other
32	32	criminal justice agency under Subchapter F, Chapter 411.
33	33	(d) A court may:
34	34	(1) enter into an agreement with the Department of
35	35	Public Safety to administer criminal history record checks required
36	36	under this section; and
37	37	(2) authorize the Department of Public Safety to
38	38	collect from each applicant the costs incurred by the department in
39	39	conducting the criminal history record check.
40	40	SECTION 2. Subchapter F, Chapter 411, Government Code, is
41	41	amended by adding Section 411.14085 to read as follows:
42	42	Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD
43	43	INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district
44	44	court, constitutional county court, statutory county court,
45	45	justice court, or municipal court with jurisdiction over criminal
46	46	cases is entitled to obtain from the department as authorized under
47	47	Section 54.001 criminal history record information maintained by
48	48	the department that relates to an applicant for appointment or
49	49	employment as a special master, magistrate, referee, or other court
50	50	official who assesses or determines the eligibility or amount of
51	51	bail for a criminal defendant for that court.
52	52	(b) Criminal history record information obtained by the
53	53	court under Subsection (a) may be used only to evaluate an
54	54	applicant.
55	55	(c) The court may not release or disclose information
56	56	obtained under Subsection (a) except with the consent of the person
57	57	who is the subject of the criminal history record information.
58	58	(d) After the expiration of any probationary term of the
59	59	person's appointment or employment, the court shall destroy all
60	60	criminal history record information obtained under Subsection (a).
61	61	SECTION 3. This Act takes effect September 1, 2023.