By: Bettencourt S.B. No. 1973
A BILL TO BE ENTITLED
AN ACT
relating to criminal history record information for certain special
master, magistrate, referee, or other court official applicants
appointed or employed by state judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENTS FOR CERTAIN APPLICANTS. (a) This section applies to
an applicant seeking appointment or employment under this chapter
in a court of this state as a special master, magistrate, referee,
or other court official who assesses or determines the eligibility
or amount of bail for a criminal defendant.
(b) A court shall require an applicant for a position
described by Subsection (a) to submit a complete and legible set of
fingerprints, on a form prescribed by the Office of Court
Administration of the Texas Judicial System, to the court or to the
Department of Public Safety for the purpose of obtaining criminal
history record information from the Department of Public Safety and
the Federal Bureau of Investigation.
(c) A court may not appoint or employ an applicant for a
position described by Subsection (a) unless the court conducts a
criminal history record check of the applicant using information:
(1) provided by the applicant under this section; and
(2) made available to the court by the Department of
Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Subchapter F, Chapter 411.
(d) A court may:
(1) enter into an agreement with the Department of
Public Safety to administer criminal history record checks required
under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the department in
conducting the criminal history record check.
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.14085 to read as follows:
Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district
court, constitutional county court, statutory county court,
justice court, or municipal court with jurisdiction over criminal
cases is entitled to obtain from the department as authorized under
Section 54.001 criminal history record information maintained by
the department that relates to an applicant for appointment or
employment as a special master, magistrate, referee, or other court
official who assesses or determines the eligibility or amount of
bail for a criminal defendant for that court.
(b) Criminal history record information obtained by the
court under Subsection (a) may be used only to evaluate an
applicant.
(c) The court may not release or disclose information
obtained under Subsection (a) except with the consent of the person
who is the subject of the criminal history record information.
(d) After the expiration of any probationary term of the
person's appointment or employment, the court shall destroy all
criminal history record information obtained under Subsection (a).
SECTION 3. This Act takes effect September 1, 2023.